To: Page 3 of 6 2012-03-28 14:34:14 EDT 

BEFORE THE 

DEJ>ARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Dickstein Shapiro LLP From: Bailey. Linda 

In the matter of the cancellation of the 

Air Taxi authority issued to: Docket DOT-OST-2012-0022 

VIH COUGAR HELICOPTERS, INC. 

VIH COUGAR'S OBJECTION TO THE AFFIDAVIT OF .JOHN LONGSTRETH 

Communications with respect to this document should be sent to: 

David M. Nadler 

David Y. Yang 

Andrew E. Smith 

DICKSTEIN SHAPJRO 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 VIH Cougar Helicopters, Inc. 

Dated: March 28, 2012 

DSMD!3-3044345v I 
To: Page 4 of 6 2012-03-28 14:34:14 EDT 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Dickstein Shapiro LLP From: Bailey, Linda 

In the matter of the cancellation of the 

Air Taxi authority issued to: Docket DOT-OST-2012-0022 

VIH COUGAR HELICOPTERS, INC. 

VIH COUGAR'S OBJECTION TO THE AFFIDAVIT OF JOHN LONGSTRETH 

Pursuant to Rules 11 and 12 ofthe Rules of Practice (14 C.F.R. §§ 302.11, 302.12) of the 

Department of Transportation ("Department"), Vlli 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 on the Rule 12 Motion VIH Cougar 

submitted on March 16, 2012 requesting that the Department release such confidential 

infonnation to counsel and outside experts of interested parties only pursuant to a protective 

order under the same terms and protections as those afforded under a protective order issued by 

the U.S. Government Accountability Office for use in bid protest proceedings. 

VIH Cougar has learned that John Longstreth, counsel for Petrolemn Helicopters, Inc., a 

competitor ofVIH Cougar, has filed an Affidavit of Counsel with the Department for access to 

the confidential information that VIH Cougar has submitted to the Deprutment in co1mection 

with 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 VIH Cougar's 

confidential proprietary information from third parties who are or may be engaged in competitive 

decision making on behalf of parties who are actual or potential competitors of VII-I Cougar. 

DSMDB· 3044345v l 
To: Page 5 of6 2012-03-28 14:34:14 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 of those protections. Accordingly, VIH Cougar 

respectfully requests that the Department hold Mr. Longstreth's Aflidavit in abeyance and not 

release any confidential information to him (or to any other third parties who may also file 

affidavits) until the Depattment has ruled on VIH Cougar's Rule 12 Vlotion, and if that decision 

is adverse to VIH Cougar, until the matter has been tuled upon by a comt of competent 

jurisdiction. 

Dated: March 28, 2012 

'\ Respectfulljtsub~nitted, ( I 

I 0 j_/, ~/1 ~/ /1 

By: t_; J V }rlr- ~/// 

UaVid M. Nadler j J/ 

2 

David Y. Yang I 

Andrew E. Smith (/ 

DICKSTETN SHAPIRO LLP 

1825 Eye Street, NW 

Washington, DC 20006 

Telephone: (202) 420-2200 

Facsimile: (202) 420-2201 

nadlerd@dicksteinshapiro.com 

yangd@dicksteinshapi ro. com 

smitha@dicksteinshapiro.com 

Counselw VJH Cougar Helicopters, Inc. 

DSMOI:l-30443<!5111 
To: Page 6 of 6 2012-Q3-28 14:34:14 EDT Dickstein Shapiro LLP From: Bailey, Linda 

CERTIFICATE OF SERVICE 

f certify that I have on this 28th day of March 2012 served the foregoing upon the persons listed 

below: 

Susan L Kurland 

Office of the Assistant Secretruy for 

Aviation and International Affairs 

U.S. Department of Transportation 

1200 New Jersey A venue, SE 

Room W96-495 

Washington, DC 20590 

Lauralyn Remo 

Office of the Assistant Secretary for 

Aviation and International Affairs 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Room W96-495 

Washington, DC 20590 

Peter Lynch, AGC-300 

Asst. Chief Counsel for Enforcement 

Federal Aviation Administration 

800 Independence A vc. S W 

Washington, DC 20591 

William J. Weber 

Certification Section Manager 

fAA AFS-900 

45005 Aviation Drive Suite 131 

Dulles, VA 20 166 

Roy Hardie 

Aviation Safety Inspector 

Federal Aviation Administration 

1601 Lind Avenue SW, Suite 260 

Renton, W A 98057 

Andrew E. Smith 

4 

DSMDB-3044J23vl