### BEFORE THE DEPARTMENT OF TRANSPORTATION**::",~:-~-::~~;iT(~.~** j**-~** ,-. -, ' >


### OFFICE OF THE**SECRETARY~** "Z**~·~~** - 

### b WASHINGTON, D.C.

In the matter ofthe cancellation ofthe Air Taxi authority issued to: Docket DOT-OST-2012-0022 VIH COUGAR HELICOPTERS, INC.

MOTION OF VIH COUGAR HELICOPTERS, INC. TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE 

### Communications with respectto 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) 420-2201 nadlerd@dicksteinshapiro.com yangd@dicksteinshapiro.com smitha@dicksteinshapiro.com 

### Counsel to VIHCougarHelicopters, Inc.
Dated: July 6, 2012

DSMDB-3076739vI

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

In the matter ofthe cancellation ofthe Air Taxi authority issued to: Docket DOT-OST-2012-0022 VIH COUGAR HELICOPTERS, INC.

MOTION OF VIH COUGAR HELICOPTERS, 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 CougarHelicopters, Inc. ("VIH Cougar"), by and through the undersigned counsel, hereby moves to withhold from public disclosure the un-redacted VIH Cougar, Inc. Motion to Dismiss the ShowCause Proceeding, which includes confidential commercial and personal informationthat is exempt from public disclosure pursuant to the Freedom oflnformationAct, 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. Redacted versions ofthe Motion to Dismiss the Show Cause Proceeding were filed today withthe Department ofTransportation Docketing Office for inclusion onto DocketNo. DOT-OST-2012-0022. Exemption4 ofFOIAprotects all mattersthat are "trade secrets and commercial or financial information obtained from a person and privileged orconfidential." 5 U.S.C. § 552(b)(4). To fall within the purview ofExemption 4, information must be: (1) commercial or financial in nature; (2) obtained from a person orby the Government; and (3) confidential or privileged. 

### See e.g., Watkins v. US. Bureau ofCustomsandBorder, 643 F.3d 1189, 1194 (9th

DSMDB-3076739vlCir. 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 Governmentpersonnel from disclosing confidential information unless disclosure would be allowed under FOIA Exemption 4. 

### See Canadian Commercial Corp. v. Dept. of AirForce, 514 F.3d 37,39 (D.C. Cir. 2008) (citing 

### CNA Fin. Corp. v. Donovan, 830 F.2d 1132, 1151 (D.C. Cir. 1987)). Here, the un-redacted Motion to Dismiss the ShowCause Proceeding satisfies the requirements ofFOIA Exemption 4 and, thus, is prohibited from public disclosure under the Trade Secrets Act. First, the document contains commercial information that relates to VIH Cougar's business deals, structure, and arrangements. 

### It includes commercially-sensitive corporate information, as well as privatepersonal information, that would not otherwise be made public, and there is no need for the public to have access to suchinformation. This commercially-sensitive corporate informationhas only beenprovided to the Department to facilitate its determinationregarding whether to dismiss the Show Causeproceedings. Second, the informationprovided to the Departmenthas beenobtained from a person or bythe Government within the meaning required for Exemption 4, as the un-redacted Motion to Dismiss has been provided to the Department in a confidential mannerby VIH Cougar, in accordance with Department rules and regulations. Third, the information at issue is confidential. The information is not generally known or publicly available, and it would not customarily be released to the public. Further, its release is likely to result in substantial competitive harm to VIH Cougar, given the highly-competitive industry within which VIH Cougaroperates and the fact that the company is in actual competition '.vith numerous competitors 

### \Vho !ike!)' \vi!! use the information to gain a competitive

2 DSMDB-3076739vIadvantage over VIH Cougar orto disparage or undermine VIH Cougar with respect to cun·ent and prospective business opportunities. Forthe foregoing reasons, the Department should grant VIH Cougar's motion and refrain from disclosing the on-redactedVIH Cougar, Inc. Motionto Dismiss the Show Cause Proceeding.

Dated: July 6, 2012 Respectfully submitted, By:

# b~**l'Y).[\~)A6£**

3 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 VJH Cougar Helicopters, Inc.

DSMDB-3076739vI

### EXHIBIT A INDEX OF CONFIDENTIAL INFORMATION AND DOCUMENTS TO BE WITHHELD FROM THE PUBLIC:
CONFIDENTIAL ITEM # TITLE/DESCRIPTION 1. 

### Un-redacted VIH Cougar Motion to Dismiss the Show Cause Proceeding

4 DSMDB-3076739vI

### CERTIFICATE OF SERVICE I certifythat Ihave on this 6th day ofJuly 2012 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 20.590 Jonathan Blank John Longstreth Timothy Hobbs K&L Gates LLP 160I K Street NW Washington, DC 20006-1600 Peter Lynch, AGC-300 Asst. ChiefCounsel 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

AndrewE. Smith

5 DSMDB-3076739vl