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Order 2012-3-7 

Served: March 12, 2012 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation 

on the 12'" day of March, 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 

Docket DOT-OST-2012-0022 

ORDER TO SHOW CAUSE 

Summary 

By this order, we tentatively find that VIH Cougar Helicopters, Inc. ("VIH Cougar"), an operating 

air taxi, is under the control of Mr. Kenneth Norie, a Canadian citizen. This finding is based on the 

totality of the circumstances, including the operational and managerial interrelationships between 

VIH Cougar and Mr. Norie and/or his wholly-owned companies (hereinafter collectively referred to 

as "VIH Group").! Therefore, by this order, we propose to conclude that VIH Cougar is not a U.S. 

citizen as defined in 49 U.S.C. § 40102(a)(15) and consequently, propose to cancel its air taxi 

authority pursuant to 49 U.S.C. § 40109(f) and 14 CFR Part 298. 

Background 

On April 24, 2008, the Department initiated an investigation of VIH Aviation Group ("VIHAG"), a 

Canadian company which owns a minority interest in VIH Cougar, a U.S. air carrier, and whollyowns Cougar Helicopters, Inc. ("Cougar"), a Canadian air carrier. Allegedly, VIH Cougar and/or 

Cougar conducted unlawful air service operations within the United States. To determine whether 

and to what extent any violations of Federal aviation statutes and regulations occurred, the 

Department requested detailed information from VIHAG regarding the air services provided by 

Cougar, VIH Cougar, and any other VIH Group company.^ 

VIH Cougar is a registered air taxi operating under Part 298 of our rules and it holds Part 133 and 

Part 135 operating authority from the Federal Aviation Administration ("FAA"). The air carrier 

provides a diverse range of services including seismic monitoring, firefighting, and passenger and 

1 Mr. Norie's wholly owned companies include VIH Aviation Group, Ltd. ("VIHAG"); VIH Helicopters USA, Inc. 

("VIH USA"); Cougar Aviation, Ltd. ("Cougar Aviation"); Cougar Helicopters, Inc. ("Cougar"); VIH Helicopters Ltd.; 

VIH Aerospace, Inc.; and Kenlor Investments, Ltd. ("Kenlor Investments"). 

2 The Department requested additional information from VIH Cougar on July 10, 2009, and July 9, 2010. VIH 

Cougar filed additional information in response to the Department's investigation on June 20, 2008 ("Supplement 1"); 

November 6, 2008 ("Supplement 2"); August 10, 2009 ("Supplement 3"); September 30, 2010 ("Supplement 4"); and 

November 17, 2011, ("Supplement 5"). 
cargo operations using a fleet of 9 helicopters. VIH Cougar's headquaiters is located in 

Bellingham, Washington, and it maintains operating bases in Galliano, Louisiana, and Boise, Idaho. 

The air carrier's passenger and cargo operations are primarily conducted from its Galliano operating 

base and its seismic monitoring and firefighting operations are primarily conducted from its Boise 

operating base. 

Ownership of VIH Cougar is currently divided between VIH Western, LLC ("VIH Western") 

(76 percent) and VIH USA (24 percent). VIH Western is an Idaho limited liability company wholly 

owned by Mr. William Steeper, a U.S. citizen; VIH USA is an Idaho corporation wholly owned by 

VIHAG, a Canadian company. VIHAG is owned by Kenlor Investments, which is, in turn, solely 

owned by Mr. Kenneth Norie, a Canadian citizen. VIHAG and VIH USA are companies that 

specialize in the development, implementation, and oversight of systems and persons necessary for 

the management and administration of helicopter operations and repair businesses.^ 

VIH Cougar's key management and technical persoimel consist of the following individuals-.4 

Name 

William Steeper 

Bill MacDonald 

Larry Lippert 

Larry Kelley 

Peter Bowden 

Lional Munsey 

Art Lillard 

Dennis Mattingly 

Judy Jones 

Bill Majeau 

Position(s) 

President and Director 

General Manager 

Assistant Director of Operations and Business 

Development Manager 

VFR Operations Manager 

Director of Operations 

Chief Pilot 

Director of Maintenance 

VFR Marketing Manager 

Head Office Manager 

Safety Manager 

Statutory Standard 

In order to engage directly or indirectly in air transportation, air carriers must hold economic 

authority from the Department, either in the form of a certificate of public convenience and 

necessity issued pursuant to 49 U.S.C. §§ 41101 and 41102, or in the form of an exemption from 

the certificate requirement.^ Part 298 of our regulations provides an exemption to qualified air 

carriers from the requirements of holding a certificate provided, among other things, the air carrier 

is a citizen of the United States as defined in 49 U.S.C. § 40102(a)(15)("the Statute").^ That section 

defines a "citizen of the United States" as follows: 

(1) An individual who is a citizen of the United States; 

^ See Supplement 3, Exhibit 8, Matiagement and Administrative Support Agreement, at 1. 

4 W., Exhibit 1,at 7-8. 

5 5ee49U.S.C.§§ 41101 and 40109(f). 

6 SeeH CFR Part 298.11 and 14 CFR Part 298.24. . 
(2) A partnership each of whose partners is an individual who is a citizen of the United 

States; or 

(3) A corporation or association organized under the laws of the United States or a state, 

the District of Columbia, or a territory or possession of the United States, of which 

the president and at least two-thirds of the board of directors and other managing 

officers are citizens of the United States, which is under the actual control of citizens 

of the United States, and in which at least 75 percent of the voting interest is owned 

or controlled by persons that are citizens of the United States. 

In making the determination of actual control, we look at the totality of the circumstances 

surrounding the relationship between the air carrier and the foreign entity or entities involved. If a 

foreign citizen is able to exercise control over the air carrier, then it is not a U.S. citizen.^ 

Air carriers that do not comply with the prerequisites for exemption authority under Part 298, 

including the citizenship requirements discussed above, are not eligible for exemption authority. 

Therefore a violation of Part 298 is also considered a violation of 49 U.S.C. § 41101. 

TENTATIVE DECISION 

Our review of the information provided, as well as information available publicly, identified various 

relationships between VIH Cougar and VIH Group that indicate that actual control of VIH Cougar 

does not rest with U.S. citizens. While the Department informed VIH Cougar of our preliminary 

findings, the company has not presented evidence that adequately addresses our concerns and 

alleviates the ability of non-U.S. citizens to exert actual control over VIH Cougar and its 

operations.8 Consequently, the Department has determined it necessary to initiate formal 

proceedings in this matter to give interested persons an opportunity to show cause why we should 

not adopt as final these tentative findings and conclusions. Responses to this order shall be due 21 

days from the date of its issuance; replies shall be due 14 days after responses. 

A. Application of statutory numerical tests 

In determining whether a company meets the statutory definition of a U.S. citizen, the Department 

applies that definition to each layer of an air carrier's ownership so that each successive "parent" 

entity must be found to be either a U.S. citizen or not.^ In cases where, as here, there are several 

layers of ownership by different entities, information on the citizenship of each entity must also be 

provided until the ultimate individual owners are reached. 

Initially, VIH Cougar was organized under the laws of the State of Idaho on January 5, 1995, as 

Western Airways, Inc. ("Western Airways"). At the time of its incorporation. Western Airways 

was wholly-owned by Mr. Rick L. Wyman, who also served as the company's sole director and 

president. On June 30, 2003, Mr. Wyman sold 76 percent of his interest in Western Airways to 

VIH Western, an Idaho limited liability company wholly owned by Mr. Steeper, and the remaining 

24 percent of his interest in Western Airways to Cougar, a Canadian registered air carrier whollyowned by Mr. Norie. On January 24, 2004, Cougar assigned and transferred its interest in VIH 

See Order 2004-5-10, at 8; Order 89-9-51, at 5; Order 93-3-17, at 19; Order 89-12-41, at 10. 

See letter dated October 6, 2011, addressed to VIH Cougar from the Department. 

See Order 2006-12-23, issued December 27, 2006, at 14. 
Cougar to Cougar Aviation, a Canadian company owned by Mr. Norie. In August 2004, VIH 

Western acquired Cougar Aviation's interest in VIH Cougar. Subsequently, in August 2006, VIH 

Cougar transferred 24 percent of its shares to VIH USA, an Idaho corporation ultimately owned by 

Mr. Norie, a Canadian citizen. 

VIH Cougar's ownership has remained unchanged since 2006. As previously stated, the majority of 

the company's interest is owned (76 percent) by VIH Western, which is still wholly owned by 

Mr. Steeper. The remaining 24 percent of VIH Cougar is held by VIH USA, which is ultimately 

owned by Mr. Norei. In addition, VIH Cougar's president, its board of directors, and all other 

managing officers are citizens of the United States, with the exception of Mr. Bill MacDonald, a 

Canadian citizen. 

In light of the above, we tentatively conclude that VIH Cougar meets the numerical requirements of 

the statute. The question of the relationships between VIH Cougar's key management and technical 

persormel and VIH Group is, however, relevant to the issue of whether VIH Cougar is actually 

controlled by U.S. or foreign citizens. We discuss these relationships in the following section on 

actual control. 

B. Actual control 

In determining actual control, the Department reviews the totality of the circumstances surrounding 

the relationship between the air carrier and the foreign entity or entities involved. No single factor 

dictates a finding of foreign or domestic control; rather, all factors are reviewed in combination to 

determine a foreign entity's ability to influence the actions of an air carrier. 10 

Employment Relationships and Affiliations 

Our review of the record indicates that there are various employment relationships and affiliations 

between Mr. Steeper and other key management persoimel of VIH Cougar on the one hand, and 

Mr. Norie and VIH Group on the other hand, that provide non-U.S. citizens the ability to exert 

overriding influence and control over VIH Cougar and its operations. 

According to publicly available information, Mr. Steeper is an attorney licensed to practice in 

British Columbia, where his principal offices are located. Based on the record, Mr. Steeper has 

served as counsel to VIH Group and Mr. Norie since 1993.11 Mr. Steeper, VIH Cougar's owner 

and president, and Mr. Norie, VIH Group's owner, have other business relationships that extend 

beyond their conmion interest in VIH Cougar. For instance, Mr. Steeper represented Mr. Norie 

during the purchase of VIH Cougar, and Mr. Steeper continues to represent Mr. Norie in a number 

of related company matters, as indicated in various corporate filings directing that correspondence 

for Mr. Norie be addressed to the care of Mr. Steeper. 12 in fact, Mr. Steeper concedes that he 

continues to provide legal services to VIH Group, although he mamtains that he is able to bifurcate 

10 See Order 93-7-26, issued July 15, 1993, at 7; Order 91-1-41, issued January 23, 1991, at 9; How to Become a 

Certificated Air Carrier, available at http://ostpxweb.dot.gov/aviation/index.html. at 15. 

11 See Supplement 3, Exhibit 1, at 15. 

' 2 See, for example. Supplement 3, Exhibit 4, and Exhibit 6(c). 
his duties and responsibilities between his role as counsel to VIH Group and his role as owner and 

president of VIH Cougar. 13 

The record also shows that, in addition to serving as outside counsel to VIH Group since 1993, 

Mr. Steeper is employed as a director, vice president, and secretary of VIH USA, and as secretary of 

GAO FBO Service, hic. ("GAO FBO Services"), an Idaho corporation of which Mr. Norie is 

President.'"^ Mr. Steeper was also identified as the secretary of Cougar in corporate filings with the 

State of Alaska, 1^ and corporate filings with the State of Idaho show that Mr. Steeper previously 

served as president of VIH USA.'^ In addition, state records also indicate that Mr. Norie previously 

served as president of VIH Cougar and as vice president of VIH Western. 1^ 

With respect to VIH Cougar's key management and technical personnel, Mr. Steeper maintains that, 

with the exception of his role as a director, vice president, and secretary at VIH USA, and Mr. Bill 

MacDonald's prior employment at Cougar as its General Manger of U.S. Operations, none of its 

key persoimel has ever been employed by VIH Group. 1^ 

Our review of the information available, however, indicates otherwise. In documents filed with the 

State of Idaho in 2004 following the acquisition of VIH Cougar by VIH Western and Cougar, the 

address listed for Mr. Philip Kemp is the same address as VIHAG's head offices in Canada. 19 At 

the time, Mr. Kemp was one of three directors at VIH Cougar, as well as general manager, vice 

president, and secretary of VIH Cougar. In addition, corporate filings with the State of Idaho show 

that, at this time, Mr. Kemp was also serving as secretary of VIH USA, although this information is 

not reflected on the resume VIH Cougar provided for Mr. Kemp.20 Similarly, when Mr. Rick Burt 

replaced Mr. Kemp as director, vice president, and general manager of VIH Cougar, his address was 

listed as the same address as VIHAG's head offices in Canada in corporate filings with the State of 

Idaho.21 Additionally, documents provided from VIH Cougar and Cougar identify Mr. Charles 

Hodgins, who presently serves as Chief Financial Officer ("CFO") of VIHAG, GAO FBO Services, 

and VIH USA, as agent for both VIH USA and VIH Cougar.22 Mr. Hodgins is also identified as 

VIH Cougar's secretary and treasurer in filings with the State of Louisiana.23 Furthermore, 

Mr. Larry Lippert, VIH Cougar's Assistant Director of Operations and Manager of Business 

Development and its registered agent in Louisiana, is also identified as the registered agent of GAO 

FBO Services and VIH USA in corporate filings with the State of Louisiana. Finally, Mr. Bill 

MacDonald has acted as VIH Cougar's general manager since 2007, while at the same time he was 

1-^ See Supplement 3, Exhibit 1, at 15-16. 

14 Id., Exhibit 1, at 6 and 17. See also GAO FBO Services' 2010 Annual Report filed with the State of Idaho, VIH 

USA's 2010 Annual Report filed with the State of Idaho, and VIH USA's Annual Report dated April 8, 2011, filed with 

the State of Louisiana. 

1 ^ See Cougar's 2010 Biennial Report filed with the State of Alaska. 

16 See VIH USA's 2004 Annual Report filed with the State of Idaho. 

1' See 2004 Idaho Annual Report and VIH Cougar's registration with the State of Louisiana dated January 10, 2008. 

1° See Supplement 3, Exhibit 1, at 7-8 and 17. See also Supplement 1, Exhibit 15, pg. 811, para. 4. 

19 See VIH Helicopters USA, Inc., 2004 Idaho Annual Report and VIH Western, LLC, 2004 Idaho Annual report. 

20 See VIH Helicopters USA, Inc., 2004 Idaho Annual Report, and Supplement 3, Exhibit 2(a). 

21 See VIH Cougar notice regarding change of officers, date November 28, 2008, filed with the State of Idaho. 

22 See Supplement 3, Exhibit 5(n), at 7-8. See Also Louisiana State registration information for GAO FBO Services 

and VIH Cougar. 

23 See VIH Cougar's registration with the State of Louisiana dated January 10, 2008. 
employed by VIH Group and was serving as general manager of U.S. operations at Cougar, and 

until his recent hiring in May 2010, was working for VIH Cougar under a contract with VIH Group, 

his employer.24 

The Department has long maintained that a substantial ability to exercise control by a foreign 

interest exists if there are "pervasive financial and employment relationships with the [foreign] 

interest,"25 or where the U.S. citizen stockholders, officers, and directors are employees of other 

corporations controlled by the foreign investor.26 Given the extensive past and current associations 

between VIH Group and Mr. Steeper and other members of VIH Cougar's key management, we 

cannot consider Mr. Steeper or any of the other key personnel identified in the previous paragraph 

as independent U.S. citizens for the purpose of the Statute. Therefore, we tentatively find that U.S. 

citizens do not maintain day-to-day control of VIH Cougar and its operations and that VIH Cougar 

is not independent from VIH Group. 

Agreements/Provision of Assets 

VIH Cougar's dependence on VIH Group provides another avenue of foreign control. According to 

the record, VIH Group's experience and persoimel were relied upon by VIH Cougar and solicited 

for the development of VIH Cougar's IFR operations.27 Mr. Steeper states that VIH Cougar 

procures technical support and maintenance, training, crew support, and administrative support 

services from VIH Group pursuant to a Master Helicopter Technical Support Services Agreement 

and a Master Management and Administration Services Agreement (the "Support Services 

Agreements").28 He maintains that the Support Services Agreements were negotiated and executed 

at arm's length and that they contemplate a fee-for-service structure on an individual purchase order 

basis, are non-exclusive and non-binding and can be canceled at any time, and that he manages and 

supervises the company's day-to-day activities, including overseeing all business and strategic 

initiatives, marketing, human resources, and financial and accounting matters. 

Under these agreements, VIH Cougar dry leases all of its aircraft from VIH Group, as well as tools, 

inventory, and hanger space. VIH Group also provides VIH Cougar management of important 

executive functions, such as book keeping, accounting and financial statement services, financial 

management services, human resources and benefits management, strategic planning services, 

insurance services, and information technology services. VIH Group has also, on occasion, 

subcontracted work to VIH Cougar and provided it with affiliate party loans to be used for working 

capital, development cost, and asset purchases.29 VIH Cougar also states that it has contracted 

employees to Cougar. 

Although VIH Cougar contends that the agreements between the parties are the result of arm'slength negotiations, our review has foimd that, in many cases, formal agreements between the 

24 Mr. MacDonald began his contract employment with VIH Cougar in February 2007, following the resignation of 

Mr. Rick Burt. According to VIH Cougar, Mr. MacDonald operated under Mr. Steeper's control and supervision when 

serving under contract as the company's General Manager. 

25 See Order 1993-7-26, at 7-8. 

26 See Order 2007-12-11, at 6. 

2' See Supplement 3, Exhibit 1, at 12. 

28 See Supplement 3, Exhibit 1, at 13, 

29 See Supplement 4, letter dated September 30, 2011, at 11. 
parties were not documented and, for those agreements that were documented, purchase orders for 

the provision of various services were not. In fact, VIH Cougar did not provide many of the 

agreements it references in its responses to the Department's requests for information. Moreover, a 

proposed sale agreement that was provided during the course of our review confirms the lack of an 

arms-length relationship between the VIH Cougar and Cougar in that it requires the parties to first 

document the various informal agreements between the air carriers for the provision of assets, 

personnel, and services prior to closing on the sale agreement.30 

The Department has previously considered partnerships between domestic and foreign air carriers, 

and has not found such relationships indicative of undue foreign contropl provided that the U.S. 

citizen shareholders maintain their independence and day-to-day control of the air carrier and, in 

such cases, operations and business relationships are maintained at arm's length.32 Given the lack 

of documentation evidencing a formal relationship between the VIH Cougar and VIH Group, and 

considering Mr. Steeper's role as VIH Group's outside counsel, it does not appear that the 

contractual relationships between VIH Cougar and VIH Group were negotiated at arm's length or 

that the day-to-day operations of the two companies are conducted at arm's length. 

Moreover, while many of the contractual relationships between VIH Group and VIH Cougar appear 

on paper to be non-binding and nonexclusive, the scope and scale to which these agreements are 

employed are relevant in our determination of actual control. Despite Mr. Steeper's assertion that 

VIH Cougar's use of leases to acquire the assets necessary to conduct operations is a strategic 

decision which positions the air carrier to adequately respond to market demand, we tentatively find 

that VIH Cougar's extensive reliance and dependency on VIH Group in this regard provides another 

means for non-U.S. citizens to exert control over VIH Cougar and its operations. 

Furthermore, while it is permissible for a U.S. air carrier to contract for the provision of flight crews 

or the provision of aircraft to supplement its operations, we have previously found that the provision 

of both aircraft and crew, even if by separate agreement, by a single company or entities under 

common control would constitute an engagement in air transportation by the aircraft/crew lessor.33 

Likewise, FAA regulations generally prohibit foreign air carriers from wet leasing (i.e., providing 

legal possession of a specific aircraft and at least one crew member) aircraft to U.S. air carriers.34 

To the extent that VIH Group is unlawfully engaged in wet leases in connection with the operation 

of domestic U.S. services by VIH Cougar, VIH Group also would be engaging in prohibited 

cabotage operations.35 

Discrepancies 

As a final matter, we note that during the course of our review, we discovered a number of 

discrepancies in the information VIH Cougar provided. For example, although in its June 20, 2008, 

response to the Department's April 24, 2008, information request, VIH Cougar asserts that 

30 See Supplement 2, Stock Purchase Agreement, at 12, section 6.11. 

31 See Docket DOT-OST-2003-15759, Withdrawal of Proposed Rulemaking, dated December 5, 2006, at 17-19. 

32 See Order 2006-12-23, at 1. 

33 5'ee Order 91-2-6. 

34 See 14 CFR 135.25(d) and 119.53(b). 

35 5ee 49 U.S.C. §41703(c). 
Mr. Steeper is the president of VIH Cougar, corporate filings with the State of Louisiana identify 

Mr. Norie as president of VIH Cougar.36 Moreover, in a statement provided by Mr. Steeper in 

response to the Department's July 10, 2009, information request, Mr. Steeper contends that 

Mr. Norie has never been an officer or director of VIH Westem.37 However, information filed with 

the State of Idaho shows that Mr. Norie served as vice president of VIH Western in 2004.38 Also, 

in his declaration, Mr. Steeper contends that he is not an officer of Cougar. 39 However, information 

provided to the State of Alaska identified Mr. Steeper as the secretary of that company.40 Further, 

in VIH Cougar's most recent submission of information to the Department, the company states, 

"Mr. Steeper has not been, nor is now, an employee of VIHAG or any affiliate."41 However, 

corporate filings provided to the State of Idaho show that Mr. Steeper previously served as president 

of VIH USA, a subsidiary of VIHAG.42 in addition, one document submitted to the State of Alaska 

identified Mr. Steeper as secretary of Cougar, and was signed by Mr. Steeper in his role as notary 

and solicitor.43 

VIH Cougar contends that each of the above discrepancies are attributable to clerical filing errors, 

and that as a result, Messrs. Norie and Steeper were erroneously identified as holding the 

aforementioned positions. We tenatively find that the frequency of the reported "clerical errors" 

diminishes the credibility of Mr. Steeper and VIH Cougar. 

TENTATIVE CONCLUSION 

In light of the above, we tentatively conclude that upon review of the record, publicly available 

information, and the totality of the circumstances, VIH Cougar is not a U.S. citizen as defined in 

49 U.S.C. §40102(a)(15) and consequently, propose to terminate its air taxi authority pursuant to 

Part 298.24(e) of our rules and section 40109(f). 

We note that VIH Cougar has requested that it be afforded the opportunity to request confidential 

treatment for the information it has provided in the course of the Department's review prior to 

public disclosure of this information. To afford interested parties prompt access to the confidential 

documents, we will grant immediate interim access to all documents provided by VIH Cougar to 

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

Department in advance until such time that we have received and ruled on a motion to withhold 

information from public disclosure. 

ACCORDINGLY, 

1. We direct all interested persons to show cause why we should not issue an order finding that 

VIH Cougar Helicopters, Inc., does not meet the U.S. citizenship requirements set forth in 

36 See VIH Cougar's registration with the State of Louisiana dated January 10, 2008. 

37 See Supplement 3, Exhibit 1, at 5. 

38 5ee VIH Western's 2004 Idaho Annual report. 

39 See Supplement 3, Exhibit 1, at 17. 

40 SeeCougar Helicopter's 2010 Alaska Biennial Report. 

41 See Sept. 30, 2010, letter at 5. 

42 See VIH Helicopters USA, Inc., 2004 Idaho Annual Report and VIH Western, LLC, 2004 Idaho Annual report. 

43 See Cougar 2010 Biennial Report filed with the State of Alaska. 
49 U.S.C. § 40102(a)(15) and revoking its existing exemption authority as an air taxi operator 

pursuant to 49 U.S.C. § 40109(f) and 14 CFR Part 298.44 

2. We will grant immediate interim access to all documents provided by VIH Cougar Helicopters, 

Inc., to counsel and outside experts for interested parties who file appropriate affidavits with the 

Department in advance until such time that we have received and ruled on a motion to withhold 

information from public disclosure. Moreover, at the Department's Dockets facility, such parties 

will be permitted to make copies of the exhibits for use by persons who have filed confidentiality 

affidavits. We also grant interim access to any subsequent materials that may be filed in this case 

under a Rule 12 Motion to counsel and outside experts for interested parties who file appropriate 

affidavits with the Department in advance. 

a. We expect all affidavits to state, at a minimum, that (1) the affiant is counsel for an interested 

party or an outside independent expert providing services to such a party; (2) the affiant will use the 

information only for the purpose of participating in this proceeding; and (3) the affiant will disclose 

such information only to other persons who have filed a valid affidavit in Docket DOT-OST-2012-

0022. Affiants and interested parties must understand and agree that any pleading or other filing 

that includes or discusses information contained in the covered documents must itself be 

accompanied by a Rule 12 Motion requesting confidential treatment. Affidavits must be filed in 

Docket DOT-OST-2012-0022 with the Department of Transportation Dockets, 1200 New Jersey 

Ave., SE, Room W12-140, Washington, D.C. 20590. 

b. Affiants having filed affidavits may examine the documents at the Department of 

Transportation at the Dockets location. Affiants must present a stamped copy of the affidavit filed 

with the Department of Transportation before examination of the documents. Immediately after the 

completion of any judicial review of our final decision in this docket or, if there is no petition for 

judicial review, the expiration of the 60-day period within which a person may petition for judicial 

review, all persons who have filed confidentiality affidavits in this proceeding are hereby directed to 

file a further affidavit stating that all copies of the applicants' confidential materials have been 

destroyed or returned to the applicants. 

3. We direct any interested persons having objections to the issuance of an order making final any 

of the proposed findings or conclusions set forth here to file them with Department of 

Transportation Dockets, 1200 New Jersey Avenue, SE, Room W12-140, Washington, D.C. 20590, 

in Docket DOT-OST-2012-0022 and serve them upon all persons listed in Attachment A no later 

than 21 days after the service date of this order; answers to objections shall be filed no later than 14 

days thereafter. 

4. If timely and properly supported objections are filed, we will accord full consideration to the 

matters or issues raised by the objections before we take further action.45 

5. In the event that no objections are filed, we will consider all further procedural steps to be 

waived and we will enter an order making final our tentative findings and conclusions. 

44 To allow for an orderly shutdown of VIH Cougar's current air taxi operations, we propose that any 

action revoking the company's air taxi authority will not become effective until the 91st day after service of 

the final order in this case. 

45 Since we have provided for the filing of objections to this order, we will not entertain petitions for reconsideration. 
10 

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

7. We will publish a summary of this order in the Federal Register. 

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://'\vw\v. regulations, sov 
Attachment A 

SERVICE LIST FOR 

VIH COUGAR HELICOPTERS, INC. 

DAVID M NADLER 

DAVID Y YANG 

COUNSEL TO VIH COUGAR 

HELICOPTERS INC 

DICKSTEIN SHAPIRO LLP 

1825 EYE STREET NW 

WASHINGTON DC 20006-5403 

PETER LYNCH AGC-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 

WILLIAM STEEPER 

PRESIDENT 

VIH COUGAR HELICOPTERS INC 

PO BOX 872 

BELLINGHAM WASHINGTON 98227 

ROY HARDIE 

AVIATION SAFETY INSPECTOR 

FEDERAL AVIATION ADMINISTRATION