To: Page 3 of6 2012-03-28 14:29:36 EDT

BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Dickstein Shapiro LLP From: Bailey, Linda

In the matter ofthe cancellation ofthe AirTaxi authority issued to: Docket DOT-OST-2012-0022 VIH COUGARHELICOPTERS, INC.
VIH COUGAR'S OBJECTION TO THEAFFIDAVIT OF

### J. TIMOTHY HOBBS Communications with respect to this document should be sent to:

David M. Nadler David Y. Yang AndrewE. Smith DICKSTEIN SHAPIRO LLP 1825 Eye Street, NW Washington, DC 20006 Telephone: (202) 420-2200 Facsimile: (202) 420-220l nadlerd@dicksteinshapiro.com yangd@dicksteinshapiro.com smitha@dicksteinshapiro.com Counsel to VJHCougar Helicopters, Inc.
Dated: March 28, 2012

DSMDB-3{14440lvlTo: Page 4 of 6 2012-03-28 14:29:36 EDT

BEFORE THE DEPARTMENT OFTRANSPORTATION OFFICE OF THE SECRETARY WA_SHINGTON, D.C. Dickstein Shapiro LLP From: Bailey, Linda

In the matter ofthe cancellation ofthe AirTaxi authority issued to: Docket DOT-OST-2012-0022 VIH COUGARHELICOPTERS, INC
VIH COUGAR'S OBJECTION TO THE AFFIDAVIT OF J. TIMOTHY HOBBS Pursuant to Rules 11 and 12 ofthe Rules ofPractice (14 C.F.R. §§ 302.11, 302.12) ofthe Department ofTransportation ("Department''), VIH Cougar Helicopters, Inc. ("VIH Cougar") submits this motion asking the Department to deny interim access to all confidential information provided by VIH Cougar until the Department rules onthe Rule 12 Motion VIH Cougar submitted on March 16, 2012 requesting that the Department release such confidential information to counsel and outside experts ofinterested parties only pursuantto a protective orderunder the same terms and protections as those afforded under a protective order issued by the U.S. Government Accountability Office for use in bid protestproceedings. VIH Cougar has learned that J. Timothy Hobbs, counsel for Petroleum Helicopters, Inc.,
a competitor ofVIH Cougar, has filed an Affidavit ofCounsel 

### with the Department for access to the confidential information that VIH Cougar has submitted to the Department in connection wiih the above-captioned proceedings over the past four years. As fully explained in our March 16, 2012 Rule 12 Motion, VIH Cougar believes that the affidavit procedures set forth in the Department's Order to Show Cause are insufficient to adequately safeguard VIR Cougar's confidential proprietary infonnation from third parties who are or may be engaged in competitive decision making on behalfofparties who are actual orpotential competitors ofVIH Cougar.

DSMDB-304440Iv 1To: Page 5 of6 2012-03-28 14:29:36 EDT Dickstein Shapiro LLP From: Bailey, Linda

Nor are the Department's existing procedures, in VIH Cougar's 

### view, adequate for monitoring compliance and enforcing any violations ofthose protections. Accordingly, VIH Cougar respectfully requests that the Department hold Mr. Hobbs's Affidavit in abeyance and notrelease any confidential informationto him (or to any otherthird parties who may also file affidavits) until the Department has ruled on VIH Cougar's Rule 12 Motion, and ifthat decision is adverse to VIH Cougar, until the matter has beenruled upon by a court of

### competentjurisdiction.

Dated: March 28,2012

# Respecktfu':y1•bm;ittek~ //// / By:

# IPT~\ 

# II' /-----**~~**

# .. ----- '-mvid Y. Yang 1 Andrew E. Smith j 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.corn Counsel to VIH Cougar Helicopters, Inc.

2 DSMD13-3044401vlTo: Page 6 of 6 2012-03-28 14:29:36 EDT Dickstein Shapiro LLP From: Bailey, Linda

CERTIFICATE OF SERVICE I certify ihat I have on this 28th day ofMarch 2012 served the foregoing upon the persons listed below:
Susan L. Kurland Office ofthe Assistant Secretary for Aviation and International Affairs U.S. Department ofTranspottation 1200 New Jersey Avenue, SE Room W96-495 Washington, 

### DC 20590 Lauralyn Remo Office ofthe Assistant Secretary for Aviation and International Affairs 

### U.S. Department 

### ofTransportation 1200New Jersey Avenue, SE Room W96-495 Washington, DC 20590



### 3 Peter Lynch, AGC-300 Asst. ChiefCounsel for Enforcement Federal Aviation Administration 800 Independence Ave. SW Washjngton, DC 20591 William .l. Weber Certification Section Manager FAAAFS-900 45005 AviationDrive Suite 131 Dulles, VA 20166 Roy Hardie Aviation Safety Inspector Federal Aviation Administration 1601 Lind Avenue SW, Suite 260 Renton, WA 98057

Andrew E. Smith ·

DSMDB-304440Ivl