BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

In the matter of the cancellation of the 

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 respect to this document should be sent to: 

David M. Nadler 

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 VIH Cougar Helicopters, Inc. 

Dated: April2, 2012 

DSMDB-3045452v I 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

In the matter of the cancellation of the 

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 

Pursuant to Rule 12 of the Rules of Practice (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 un-redacted 

Response and Objections ofVIH Cougar Helicopters, Inc. to the Department of Transportation's 

March 12, 2012 Show Cause Order and supporting exhibits, which include confidential 

commercial and personal information that is exempt from public disclosure pursuant to the 

Freedom oflnformation Act, 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 of sensitive, 

non-public information. Redacted versions of these items were filed today with the Department 

of Transportation Docketing Office for inclusion onto Docket No. DOT-OST-2012-0022. 

In addition, as asserted in our pending motion, 1 the terms and conditions presently 

provided by the Department for the treatment of VIH Cougar confidential information are 

1 See Motion of VIH Cougar Helicopters, Inc. Objecting to the Public Release of Confidential 

Information and the Release of Such Information to Counsel and Outside Experts of Interested 

Parties Pursuant to the Terms Proposed in the March 12, 2012 Show Cause Order, dated March 

16, 2012. 

DSMDB-3045452vl 
entirely inadequate for safeguarding VIH Cougar's proprietary interests. Indeed, these 

deficiencies already have been demonstrated by the unauthorized and illegal release of 

VIH Cougar confidential information to counsel for Petroleum Helicopters, Inc. ("PHI"), a direct 

competitor, in violation of the agency's insufficient procedures. See Mar. 29, 2012 Ltr. from 

DOT to Jonathan Blank, counsel for PHI, attached hereto as Exhibit I; see also Mar. 30, 2012 

Ltr. from VIH Cougar to DOT, attached hereto as Exhibit 2. 

As VIH Cougar has asserted, the Department's present procedures fall short of widelyaccepted federal standards (such as those required by bid protest protective orders issued by the 

U.S. Government Accountability Office ("GAO")) for protecting business-sensitive information 

in similar contexts. In light of the egregious confidentiality breaches that already have occurred 

with respect to a competitor's counsel's unauthorized access to VIH Cougar protected material, 

any further release ofVIH Cougar confidential information to any counsel and/or outside experts 

in the course of these proceedings must be subject to processes and safeguards that require at 

least the same rigor as those found in GAO bid protest protective orders, particularly with respect 

to their provision for enhanced oversight and penalties for violations. 

2 

DSMDB-3045452vl 
Dated: April 2, 20 12 

By: 

3 

ROLL 

w 

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. 

DSMDB-3045452v I 
CERTIFICATE OF SERVICE 

I certify that I have on this 2nd day of April2012 served the foregoing motion ofVIH Cougar 

Helicopters, Inc. upon the persons listed below: 

Susan L. Kurland 

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 

Lauralyn Remo 

Office of the Assistant Secretary for 

Aviation and International Affairs 

U.S. Department of Transportation 

1200 New Jersey A venue, SE 

Room W96-495 

Washington, DC 20590 

Docket DOT-OST-2012-0022 

Department of Transportation Dockets 

1200 New Jersey Avenue, SE 

Room W12-140 

Washington, D.C. 20590 

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 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-3045452vl