Served: April 12, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

NOTICE ANNOUNCING AN EXTENSION OF TIME 

TO FILE ANSWERS TO OBJECTIONS 

TO ORDER 2012-3-7

Docket DOT-OST-2012-0022

By Order 2012-3-20, issued March 30, 2012, the Department granted VIH Cougar Helicopters, Inc.’s

(“VIH Cougar”) request to suspend interim access1 to information that it has requested be withheld from 

public disclosure until such time as we have ruled on its motion requesting additional protective 

procedures for accessing the information. 

On April 5, 2012, Petroleum Helicopters, Inc. (“PHI”), filed a motion requesting that the Department 

extend the date for filing answers to objections to our Show Cause Order. Specifically, PHI request that 

the answer period be extended to 14 days after the date on which we rule on VIH Cougar’s request for 

additional protective procedures. PHI states that its request is necessary because, in light of the 

Department’s action suspending interim access to certain evidentiary material, it has lost at least a portion 

of the 14-day time period contemplated in the Show Cause Order for filing answers to objections. 

On April 7, 2012, VIH Cougar filed an answer to PHI’s motion arguing that PHI’s request is without 

merit. VIH Cougar alleges that PHI accessed and viewed its confidential information without first 

complying with the Department’s confidentially rules or the terms and procedures of the Show Cause 

Order and asserts that the Department’s action to suspend interim access to the confidential information it 

provided was based on PHI’s misconduct in this proceeding. VIH Cougar further argues that, upon 

investigation of the alleged misconduct, the Department may ultimately restrict PHI and/or PHI’s 

counsel’s participation in this proceeding. Therefore, VIH Cougar requests that PHI’s motion be denied,

that the proceeding be stayed pending an investigation of PHI’s alleged misconduct, and that the date for 

filing answers to objections be set only after an investigation of PHI’s alleged misconduct and the 

imposition of sanctions, if warranted.

On April 9, PHI filed a reply to VIH Cougar’s answer, in which PHI argues that the parties appear to 

agree that the due date for answers to VIH Cougar’s objections to Order 2012-3-7 should be extended 

until 14 days after the Department allows access to both the record of this proceeding and the unredacted 

copies of VIH Cougar’s pleadings. 

We have reviewed the pleadings of both parties and concluded that, given the circumstances in this case, 

it is in the public interest to extend the deadline for the filing of answers to objections to Order 2012-3-7 

until further order of the Department.

2

 1 Show Cause Order 2012-3-7 provided that interim access to all materials filed in this case, including documents provided 

by VIH Cougar, would be granted to counsel and outside experts for interested parties after they filed appropriate affidavits 

with the Department in advance until such time as we received and ruled on a motion to withhold information provided by VIH 

Cougar from public disclosure. See Order 2012-3-7, at 9. 2 It is our intention to address the additional issues raised by VIH Cougar regarding prior access to its confidential material 

and the use of additional protective procedures in a subsequent order.
2

We will serve this notice on all interested parties. 

Persons entitled to petition the Department for review of this notice under the Department’s Regulations, 

14 CFR 385.30, should file their petitions within 10 days of the service date of this order.

This notice is effective immediately and the filing of a petition for reconsideration shall not alter its 

effectiveness. 

Dated at Washington, D.C., April 12, 2012. 

By:

TODD M. HOMAN

Director

Office of Aviation Analysis

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

http://www.regulations.gov
Attachment A

SERVICE LIST FOR

VIH COUGAR HELICOPTERS, INC.

DAVID M NADLER

DAVID Y YANG

ANDREW A SMITH

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

JONATHAN BLANK

JOHN LONGSTRETH

TIM HOBBS

K & L GATES LLP

1601 K STREET NW

WASHINGTON DC 2006