BEFORE THE DEPARTMENT OF TRANSPORT**ATIO~** OFFICE OFTHE SECRETARY WASHINGTON, D.C.

In the matter ofthe cancellation ofthe AirTaxi authority issued to: Docket DOT-OST-2012-0022 VIH COUGARHELICOPTERS, INC.
VIH COUGAR'S OBJECTIONTO THEAFFIDAVIT OFJONATHAN BLANK 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 CougarHelicopters, Inc.
Dated: March 23, 2012

DSMDB-3043119vlBEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

In the matter ofthe cancellation ofthe Air Taxi authority issued to: Docket DOT-OST-2012-0022 VIH COUGAR HELICOPTERS, INC.
VIH COUGAR'S OBJECTION TO THE AFFIDAVIT OF JONATHAN BLANK Pursuantto 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 on the 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 onlypursuant to a protective orderunder the same terms andprotections 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 Jonathan Blank, counsel for Petroleum Helicopters, Inc., a competitor ofVIH Cougar, has filed an Affidavit ofCounsel with the Department today for
access to the confidential informationthat VIH Cougar has submitted to the Department in connection 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 behalfofparties who are actual orpotential competitors ofVIH Cougar.

DSMDB-3043!!9vlNor 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 Departmenthold Mr. Blank's Affidavit in abeyance and not release any confidential information to him orto any other third 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 been ruled upon by a court ofcompetentjurisdiction.

Dated: March 23, 2012 By:

2 I I

### 'D;s~t.~N~a~dkle~r--~ryr~~==========~ David Y. Yang Andrew E. Smith DICKSTEIN SH P 1825 Eye Street, Washington, DC 20006 Telephone: (202) 420-2200 Facsimile: (202) 420-2201 nadlerd@dicksteinshapiro.com yangd@dicksteinshapiro.com smitha@dicksteinshapiro.com Counsel to VIHCougarHelicopters, Inc.

DSMDB-30431 19vlCERTIFICATE OF SERVICE I certify that I have onthis 23rd day ofMarch 2012 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

3 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

DSMDB-3043119vl