BEFORETHE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

In the matterofthe cancellation ofthe AirTaxi authority issued to: VIH COUGARHELICOPTERS, INC. Docket DOT-OST-2012-0022

MOTION OF VIH COUGARHELICOPTERS, INC. TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE Communications with respect to this document shouldbe sentto:

David M. Nadler David Y. Yang AndrewE. 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.com Counsel to VIHCougar Helicopters, Inc.
Dated: July 2, 2013

### BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OFTHE SECRETARY WASHINGTON, D.C.

In the matter ofthe cancellation ofthe AirTaxi authority issued to: VIH COUGARHELICOPTERS, INC. Docket DOT-OST-2012-0022

MOTION OFVIH COUGARHELICOPTERS,INC. TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE
Pursuantto Rule 12 ofthe Rules ofPractice (14 C.F.R. 

### § 302.12) for the Department of Transportation ("Department"), VIH Cougar Helicopters, Inc. ("VIH Cougar"), by and through the undersigned counsel, hereby moves to withhold from public disclosure the documents set forth in ExhibitA (collectively, "the Documents"), which were providedto theDepartment in response to the Department'sJune 11,2013 Final Order inthe above-captioned proceedings. 

### I. BACKGROUND AND ARGUMENT The Documents contain confidential commercial and personal information that is exempt from public disclosure pursuant to Exemption 4 ofthe Freedom oflnformationAct ("FOIA"), 5 U.S.C. 

### § 552, the Trade Secrets Act, 18 U.S.C. 

### § 1905, and all other applicable statutory and regulatory prohibitions against the public disclosure ofsensitive, non-public information. Exemption4 ofFOIA protects all matters that are "trade secrets and commercial or financial information obtained from a person and privileged or confidential." 5 U.S.C. 

### § 552(b)(4). To fall within the purview ofExemption 4, information must be: (1) commercial or financial innature; (2) obtained from a person orbythe Government; and (3) confidential or privileged. 

### See e.g., Watkins v. US. Bureau of Customs andBorder, 643 F.3d 1189, 1194 (9thCir. 2011); see also, Public Citizen Health Research Group, 704 F.2d at 1290 (D.C. Cir. 1983). In addition, the Trade Secrets Act, 18 U.S.C. § 1905, prohibits Government personnel from disclosing confidential informationunless disclosure would be allowed under FOIA Exemption 4. See Canadian Commercial Corp. v. Dept. of AirForce, 514 F.3d37, 39 (D.C. Cir. 2008) (citing CNA Fin. Corp. v. Donovan, 830 F.2d 1132, 1151 (D.C. Cir. 1987)). Notably, in seeking Exemption4 protection, a person need not prove with certainty that it will suffer competitive harm by the release ofits commercial or financial information. McDonnell Douglas Corp. v. UnitedStates, 375 F.3d 1182, 1187 (D.C. Cir. 2004) (sufficientto trigger Exemption4 protection where person shows that it is likely that competitive harm would result); see also GeneralElec. Co. v. Dep 't of theAirForce, 648 F. Supp. 2d 95, 103-04 (D.D.C. 2009) (holding that a contractor is notrequired to show howexactly a competitorwould use its information to gain a competitive advantage). Here, the Documents satisfy the Exemption 4 requirements. Specifically, the Documents contain confidential, commercial informationregarding VIH Cougar and CHI's organization, operations, capabilities, strategic alliances, real estate, licenses, insurance policies, including the terms and conditions ofthose business arrangements. Accordingly, ifthe Documents were publicly disclosed, the information would allow competitors (such as Petroleum Helicopters, Inc.) insights into sensitive subjects such as the number andtype ofaircraft operated by the companies, the capabilities ofthose aircraft, the capabilities and services provided bythe companies, the location ofany bases and facilities, the names ofthe pilots who fly for the companies and the crews which service the aircraft, the vendors that support the companies and the types ofservices that they provide. All ofthis information would assist in determining where the companies operate and what they presently do, as well as inpredicting the industries, sectors,

2and/or geographic locations or markets in which they may be likely to expand. Thus, all ofthis information would be useful to competitors in pursuing current oridentifying prospective business opportunities. Underthese circumstances, the public disclosure ofthe Documents would give competitors access to commercially sensitive and valuable informationthat they would not otherwise have but for these proceedings

- and the information inequality would likely place VIH Cougar and CHI at an unfair competitive disadvantage in relationto these competitors when pursuing the same or similar business opportunities or formulating and/or executing strategic alliances and similarpursuits. Moreover, the Documents also contain certainpersonal information related to employees. This sensitive, personal information is also confidential and its release would violate company policies for safeguarding the privacy interests ofemployees. Finally, because the impetus behind the Department's Rule 12 procedures is to ensure that a company's confidential commercial and personal information is protected to the maximum· practicable while also ensuringthat the public has adequate access to the relevant facts, it is appropriate to consider whether disclosure ofthe Documents wouldbe central to understanding the proceedings underlying this case, particularly since confidential information is involved. VIH Cougar contends that it is not. 

### II. CONCLUSION Forthe foregoing reasons, the Department should grant VIH Cougar's motion andnot disclose the documents set forth inthe attached Exhibit A, which were provided to the Department in response to the Department's June 11, 2013 Final Order.



### 3Dated: July 2, 2013 Respectfully submitted, By:

# ~ David M.

## Nadief

4 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.com Counsel to VIHCougar Helicopters, Inc.EXHIBIT A INDEX OF CONFIDENTIAL INFORMATION AND DOCUMENTS TO BE WITHHELD FROM THE PUBLIC:

CONFIDENTIAL ITEM# TITLE/DESCRIPTION 1. VIH Cougar Helicopters, Inc. And Construction Helicopters, Inc.'s Motion For Reconsideration And For A Hearing 2. Exhibit A- The Factual Errors In Department ofTransportation Final Order 2013-6-8 3. Exhibit B - Deposition ofChristopher G. Turner taken on Tuesday, April 9, 2013 4. Exhibit C- Supoena Duces Tecum 5. Declaration ofChristopher G. Turner

5CERTIFICATE OF SERVICE I certify that I have onthis 2nd day ofJuly 2013 served the foregoing upon the persons listed below:
·Susan L. Kurland Office ofthe Assistant Secretary for Aviation and International Affairs U.S. Department ofTransportation 1200 NewJersey Avenue, SE Room W96-495 Washington, DC 20590 Lauralyn Remo Office ofthe Assistant Secretary for Aviation and International Affairs U.S. Department ofTransportation 1200 NewJersey Avenue, SE Room W96-495 Washington, DC 20590 Jonathan Blank John Longstreth Timothy Hobbs K&L Gates LLP 1601 K Street NW Washington, DC 20006-1600

6 Peter Lynch, AGC-300 Asst. ChiefCounsel for Enforcement Federal Aviation Administration 800 Independence Ave. SW Washington, DC 20591 WilliamJ. Weber Certification Section Manager FAAAFS-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