BEFORETHE DEPARTMENT OFTRANSPORTATION OFFICE OFTHE SECRETARY WASHINGTON, D.C.

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

MOTION OFVIH COUGARHELICOPTERS, INC. TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE Communications with respectto 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 VIHCougar Helicopters, Inc.
Dated: April2, 2012

DSMDB-3045452vIBEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

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

MOTION OF VIH COUGARHELICOPTERS, INC. TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE
Pursuant to 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 un-redacted Response and Objections ofVIH CougarHelicopters, Inc. to the Department ofTransportation's March 12, 2012 ShowCause Order and supporting exhibits, which include confidential commercial and personal informationthat 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 ofsensitive, non-public information. Redacted versions ofthese items were filed today with the Department ofTransportation Docketing Office for inclusion onto Docket No. DOT-OST-2012-0022. In addition, as asserted in ourpending motion,1the terms and conditions presently provided by the Department for the treatment ofVIH Cougar confidential information are

1See Motion ofVIH Cougar Helicopters, Inc. Objecting to the Public Release ofConfidential Information and the Release ofSuch Information to Counsel and Outside Experts ofInterested Parties Pursuant to the Terms Proposed in the March 12, 2012 Show Cause Order, dated March 16, 2012.

DSMDB-3045452vlentirely 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 ofthe 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 Cougarto DOT, attached hereto as Exhibit 2. As VIH Cougarhas asserted, the Department'spresent procedures fall short ofwidelyaccepted 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 ofthe egregious confidentiality breaches that already have occurred with respectto a competitor's counsel's unauthorized access to VIH Cougarprotected material, any further release ofVIH Cougarconfidential information to any counsel and/or outside experts in the course ofthese proceedings mustbe 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-3045452vlDated: April 2, 2012 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-3045452vICERTIFICATE OF SERVICE I certify that I have on this 2nd day ofApril2012 served the foregoing motion ofVIH Cougar Helicopters, Inc. 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 Docket DOT-OST-2012-0022 Department ofTransportation Dockets 1200 NewJersey Avenue, SE Room W12-140 Washington, D.C. 20590 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 20 166 Roy Hardie Aviation Safety Inspector
. Federal Aviation Administration 1601 Lind Avenue SW, Suite 260 Renton, W A 98057

Andrew E. Smith

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