BEFORETHE DEPARTMENT OF TRANSPORTATION OFFICE OFTHE SECRETARY WASHINGTON, D.C.
In the matter ofthe cancellation ofthe Air Taxi authority issued to: VIH COUGARHELICOPTERS,INC. 

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## I I I I

_____________________________I DocketDOT-OST-2012-0022 REDACTED VERSION
VIH COUGARHELICOPTERS, INC. AND CONSTRUCTION HELICOPTERS, INC.'S MOTIONFORRECONSIDERATION OFFINAL ORDERAND FORA HEARING Communications withrespectto this document should be sentto:

DavidM. 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: July 2, 2013BEFORE 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 COUGARHELICOPTERS, INC.
VIH COUGARHELICOPTERS, INC. AND CONSTRUCTION HELICOPTERS, INC.'S MOTION FORRECONSIDERATION OF FINAL ORDERAND FORA HEARING VIH CougarHelicopters, Inc. ("VIH Cougar") and Construction Helicopters, Inc. ("CHI"), by and through undersigned counsel, respectfully move for reconsideration ofthe Department's Final Order 2013-6-8 ("Final Order"), and for a hearing before an Administrative LawJudge. 1 INTRODUCTION The basis for reconsideration ofthe Final Orderis straightforward. As shownbelow and in Exhibit A to this Motion, the Final Order
- whichthe Department issued withoutthebenefit of a hearing conductedby an Administrative LawJudge
- is replete with errors, based on stale information, and premised largely on a single typographical error. The Department's factual findings are not supported by substantial evidence in the record
- and indeed, as discussed below, are contradicted by sworn depositiontestimony taken by the FAA, an agency ofthe Department, in a closely related proceeding. We ofcourse are aware thatthe Final Order states

1We ask that the Department act expeditiously on this motion, and in any event no later than July 16, 2013. We fUiiher requestthat, ifthe Depmiment does not grant reconsideration, it stay its Final Order pending appeal.

DSMDB-3179078vl

### that the Department will not reconsider the Final Order. Nonetheless, we believe that reconsideration is appropriate here, particularly given that the Department reached its decision without the benefit ofa hearing which would have prevented the numerous and glaring factual errors in the decision. VIH Cougar also hereby reiterates its request for a hearing before an Administrative Law Judge. ARGUMENT THE DEPARTMENT SHOULD RECONSIDER ITS FINAL ORDER, AND GRANT A HEARING BEFORE AN ADMINISTRATIVE LAWJUDGE 

### The Final Order rests onnumerous factual errors. These fundamental errors are not a matter ofthe Department weighing the evidence orresolving factual disputes; rather, there is no 

### substantial evidence in the record to support the Department's factual findings. We list many of these factual errors in Exhibit A to this Motion? For example: 1. The Final Order is based on the false premise that CHI provides contract services to VIH Group, when it is plain fromthe record that CHI provides these services to VIH Cougar 

### and not

### to VIH Group. See 

### ExhibitA. 3 · 

### 2. Contrary to the Final Order 

### (id. at 2), "VIH Cougar's new owners and key management personnel" do not 

### "continue to share affiliations with Mr. Norie and VIH Group through employment contracts for management services." See 

### ExhibitA. 

### In fact, there are no 

### such affiliations. 

### !d. 3. VIH Cougar's executive and key personnel were not 

### also "employees or contractors" ofVIH Group, andVIH Group did not 

### "perform[s] nearly all the functions and provide[s] nearly all the essential assets necessary to operating" VIH Cougar. Final Order at 2; compare 

### ExhibitA. 

### 4. VIH Cougar does not 

### depend on VIH Group for VIH Cougar's (a) "tools, inventory, and hangar space," (b) aircraft; (c) technical functions, such as maintenance, training, technical support, and crew; (d)the management of 2 

### The Exhibit also includes up-to-date infonnation so as to allow the Departmentto decide the request on the basis ofcomplete and current information. 3

### For this erroneous conclusion, the Final Order relies on a statement onp.18 ofa September 23, 2012 document VIH Cougar submitted to the Department. The Final Order does so even though it is clear from the submission that the statement is a typographical error. See 

### Ex. A. 2important executive functions and administrative functions; and (e) "strategic planning services, insurance services, and information technology services." Final Order at 3; compare ExhibitA. 5. In short, VIH Cougarhas not "cede[d] control ofnearly all aspects ofits operationsthrough the use ofpervasive contracts and agreements," to VIH Group. Final Order at 11; compare ExhibitA. The errors in the Final Orderwere apparent not only from VIH Cougar's submissions to the Department, but from a deposition ofChristopher Turner, President ofVIH Cougar, which was taken bythe FAA, an agency ofthe Department, on April 9, 2013 -two months before the Final order was issued. A copy ofthe transcript ("Tr.") ofthe deposition ofMr. Turner, which was taken in a closelyrelated proceeding, In the Matter ofVIH Cougar andConstruction Helicopters, is attached hereto as Exhibit B. The fact that the currentproceeding and the FAA proceeding in which the Turner deposition was taken are closelyrelated is demonstrated bythe fact that the FAA subpoenaedfrom Mr. Tumer, as part ofthe FAA proceeding, all documents providedby VIH Cougarto the Departmentin the course ofthe present proceeding. 

### See FAA SubpoenaDuces Tecum directed to Christopher Turner dated November 30,2012, attached hereto as Exhibit C. The depositiontranscript, which was readily available to the Department
- and ofwhich the Departmenthad constructive ifnot actual notice
- demonstrates that the Department's findings offact inthe Final Order are erroneous. Forexample, the Final Order erroneously asserts that "VIH Cougar's new owners and key managementpersonnel continue to share affiliations with Mr. Norie" and are essentially employees ofVIH Group. Final Orderp. 1-2, 12. Based onthis alleged fact, the Department concludedthat Mr. Norie can influence Mr. Turner- and that VIH Cougar's new ownership only "cosmetically" changed who controlledthe company with "no material significance." Final Orderp. 15. However, the swomtestimony ofMr. Turner demonstrates that the Department's
3factual finding is inconect. When asked during his deposition what connections CHI had with Mr. Norie's companies, Mr. Turner testified Specifically, Mr. Turner stated that

at 55:10-58:10; 120:19-121 :17; 210:16-211 :4; 229:20-230:25. Mr. Turner further testified

4Turner Dep. at 231:13-232:2. Mr. Turner also stated that
Turner Dep. at 232:3- 232:9. In sum, Mr. Turner's deposition clearly establishes, contrary to the Final Order's erroneous findings, thatthere is no affiliation orcontrol ofCHI by Mr. Norie orhis companies. Yetthere is no indication thatthe Department even considered Mr. Turner's sworn testimony, taken by an agency withinthe Department in a related proceeding two months before theFinal Order was issued, when itmade its erroneous factual findings in the Final Order. In light ofthe factual errors set forth above and in Exhibit A hereto, the Department should reconsider its Final Order. CONCLUSION Forthe foregoing reasons, VIH Cougar and CHI respectfully request thatthe Department grant reconsideration ofits Final Order and grant a hearing before an Administrative Law Judge. Dated: July 2, 2013 Respectfully submitted, By:

# ~**DavidM.~** David Y. Yang

5 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. and Construction Helicopters, Inc.CERTIFICATE OF SERVICE I certify that I have on this 2nd day ofJuly 2013 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 New Jersey Avenue, SE
- Room W96-495 Washington, DC 20590 Jonathan Blank John Longstreth Timothy Hobbs K&L Gates LLP 1601 K StreetN\V 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 FAAAFS-900 45005 Aviation Drive Suite 131 Dulles, VA 20166 Roy Hardie Aviation Safety Inspector Federal Aviation Administration 1601 Lind Avenue SW, Suite 260 Renton,**\X/,_ti~** 98057

Andrew E. Smith

6FactualErrorNo. 1: REDACTED VERSION EXHIBIT A THE FACTUAL ERRORS IN DEPARTMENT OF TRANSPORTATION FINAL ORDER2013-6-8

DOTAssertion: The Final Order alleges that several CHI employees, including its CEO, Jack Duckworth, its Corporate Counsel, Mary Comazzi, and its Manager ofWest Coast Operations, Larry Kelly provide General Manager, Human Resources, andAccounting Oversight services to bothVIH Group andVIH Cougarpursuantto oral contracts. See Final Order at 9. Corrected Facts: The purportedbasis for this assertion is a lone typographical error in VIH Cougar's September 23, 2012 response to the DOT which inadvertently stated that CHI provides contract services to VIH Group. See VIH Cougar Sept. 23, 2012 Responseat 18. However, the error was clear on its face as the specific, substantive information given everywhere else inthe submission made it clearthat CHI onlyprovides those services to VIH Cougar. AsVIH Cougar actually and substantively stated: • Mr. Duckworth, CHI's CFO (and notits CEO, as the Department incorrectly alleges) "provides all oversight ofthe accounting functions ofVIH Cougar and acts as its CFO"; (see VIH Cougar Sept. 23, 2012 Response at 14) • Ms. Comazzi "willprovide legal services as an employee ofVIH Cougar and will provide [Human Resources] Services" (id.); and • Mr. Kelley "will act as General Manager ofVIH Cougar" eachpursuantto a service agreementbetween CHI and VIH Cougar "yetto be finalized or memorialized in writing (id.)."

DSMDB-3178959vlFactual ErrorNo.2: DOTAssertion: The Final Order alleges that "VIH Cougar's new owners and key management personnel continue to share affiliations with Mr. Norie and VIH Group through employment contracts for management services." See FinalOrder at 2. Corrected Facts: None ofVIH Cougar's new owners or key managementpersonnel has any affiliations with Mr. Norie orVIH Group. There is a fundamental misunderstanding by DOT that pervades the entire Final Order- namely, that there were contracts between CHI and VIH Group for CHI's key personnel to provide management services to VIH Group .•• Turner Dep. at 210:16-211:4.

·····················- Turner Dep. at 142:4-144:2. Additionally, while Mr. WilliamMacDonald, previously a Cougar Helicopters, Inc. ("Cougar") pilot, was the one-time General Manager ofVIH Cougar, at all relevant times, he received •••••••••••for the services that he performed for VIH Cougar as General Manager, and was •••••• •••••••••••••••••••••• TurnerDep.at154:14- 154:23. In any event, as VIH Cougar clearly stated, Mr. MacDonald had

Turner Dep. at 245:11-245:16; VIH Cougar Sept. 23, 2012 Response at 14. Thus, after that point, Mr. MacDonald had •••••••••••••••••••••••• 

### !d. While Mr. MacDonald has •••••••••••••••

2 DSMDB-3178959vlSee VIH Cougar Sept. 23, 2012 Response at 14; MacDonaldAffidavit.

Turner Dep. at 219:25-223:25. •••••••••••••••• Turner Dep. at 219:25-223:25.
--

•••••••••••••••••••• TurnerDep. at219:25-223:25.

••••••••••••••••••••••••• TumerDep.at219:25- 223:25. Where no key personnel ofthe U.S. carrier share any positions ofemployment with the foreign minority investor, DOThas held that there is no undue control or indicationthat the carrier is dependent on any foreign interests. See Final Order at 10.
Factual ErrorNo.3: DOTAssertion: The Final Order alleges that "[w]e cannot find an entity is a U.S. citizenunder the Statute where its executive or its key personnel are also employees or contractors oftheir foreign minority affiliate and the foreign minority affiliate also performs nearly all the functions and provides nearly all the essential assets necessary to operatingthe entity claiming to be a U.S. citizen."· See Final Order at 2. Corrected Facts: Atthe time ofVIH Cougar's last submission to DOTonJanuary 3, 2013,
Tumer Dep. at 219:25-229:8. As noted, while Mr. MacDonald,
3 DSMDB-3178959vl···········-SeeVIH Cougar Sept. 23, 2012 Response at 14; Turner Dep. 228:24-229:8, 245:11-245:19; MacDonald Affidavit. Accordingly, as ofSeptember 2012, ••••••••••••• 

# -----Id.

TurnerDep. at 219:25-229:8.

.................................. Turner Dep. at 142:4-144:2. ·············- 

### !d.
Factual ErrorNo.4: DOTAssertion: The Final Order alleges that "[w]ithregardto VIH Cougar's business relationships with and dependence onVIH Group, we noted in our Show Cause Orderthat VIH Cougar leases tools, inventory, andhangar space, as well as all ofits aircraft from VIH Group, and it contracts withVIH Group for the provision ofcertain technical functions, such as maintenance, training, technical support, and crew, as well as for the management of important executive functions and administrative functions, such as bookkeeping, accounting and financial management services, humanresources and benefits management, strategic planning services, insurance services, and informationtechnology services." See Final Order at 3. Corrected Facts: The correct facts are as follows: 

## •

4 DSMDB-3178959vl• VIH Cougar does not contract for all training as the Final Order suggests. Again, VIH Cougar has VIH Cougar also Additionally, VIH Cougar has moved consistently to providing as its primary source ofmaintenance training. VIH Cougar The sole source oftraining for VIH Cougarpilots was training by • Crewmembers were provided byVIH Cougar (pilots, mechanics, management, administrative support, rescue specialists), notjust Cougar. VIH Cougar employed approximately and contracted from During that time, VIH Cougar, in response to the DOT's suggestions, in any given month. • VIH Cougar does not, and has not, contracted with VIH Group for the management ofexecutive functions and administrative functions, such as bookkeeping, accounting and financial management services, human resources and benefits management, or strategic planning services. Previously, such functions were providedby employees ofVIH Cougar. 

## •
• Beginning inNovember 2012,
5 DSMDB-3178959vl• BeginningJanuary 1, 2013, VIH Group interms ofinformationtechnology services to VIH Cougar.
Factual Error No.5: DOTAssertion: TheFinal Order alleges: "Finally, we tentatively fOlmd that, considering Mr. Steeper's prior and current association withVIH Group, it did not appear that the contractual relationships betweenVIH Cougar and VIH Group werenegotiated at arm's length orthatthe day-to-day operations were conducted at arm's length." See Final Order at 3. Corrected Facts: ••••••••••••••• 

## IIIIIIIIITurner Dep. at 224:1-226:19. The same is true for

•••••• TumerDep.at219:25-226:19. ··········-

•• Turner Dep. at 108:12-109:22. At all relevant times, .................................. ..
Turner Dep. at 219:25-226:19.

6 DSMDB-3178959vlFactual ErrorNo.6: DOTAssertion: The Final Order alleges: "[o]urtentative findings also focused onthe pervasive managerial and operational interrelationships and agreements between VIH Group and VIH Cougar that providedthe former withundue influence and control overthe latter . . . . VIH Cougar's restructuring fails to address its dependency onVIH Group, entities inwhich a Canadian citizenhas a majority or controlling interest, or the pervasive agreements betweenit and VIH Group for services, supp01i, crew, fuel, facilities, and other assets incidental to nmning and maintaining an airline." See Final Order at 8.
Corrected Facts: None ofthis is correct: • While VIH Cougar solicited flight crew, mechanics and other services from VIH Group to supplement its workforce, as needed, VIH Cougar ••••• All contracted crews were underthe control and direction ofVIH Cougar employees and the General Manager contracted from CHI. • While the Final Order noted that GAO FBO Services provides all the fuel "for [VIH Cougar's] operations [in Galliano] pursuantto an oral cost-plus contract," the point is irrelevant. GAO FBO Services provides fuel to many companies at the GAO airport because itis the only source offuel at the GAO airport. Thus, unless VIH Cougar is to build andmaintain its own fuel facility, which may or may notbe allowed bythe Port Authority, VIH Cougar mustbuy its fuel from this facility. But, when it has the opportunity and need to do so, VIH Cougar will purchase fuel from other sources (such as when on an oilrig). See Final Order at 9. • The Final Order alleges that, pursuantto work orders under the
- Helicopter Technical Support Agreement, Cougar was to provide: 1) 2)

7 DSMDB-3178959vl3)
4)

• The Final Orderthen alleges: "Thus, ratherthat carrying outthecontractwith its ownpersonnel and resources, VIH Cougar is wholly dependent on a Canadianhelicopter operatorto provide underthe contract." See Final Order at 10. • These allegations are untrue. 1)
2)
3)

8 DSMDB-3178959vl4)

5)

6)

FactualErrorNo.7: DOTAssertion: The Final Order claims that "the circumstances presentedhere are materially different [than the cases citedby VIH Cougar where the DOT did not find any evidence of improper foreign control]. Forexample, inthose cases, the key managementpersonnel did not share positions ofemploymentwiththe foreign minority investor. Moreover, neitherAstar nor

9 DSMDB-3178959vlNorthwest was dependent on its foreign affiliate for assets or support services." See Final Order at 10.- Corrected Facts: .This is incorrect. Atthe time ofVIH Cougar's last submission to DOT on January 3, 2013, there were no VIH Cougarkey personnel who shared any employmentpositions with VIH Group. See VIH Cougar Sept. 23,2012 Response at 8-14. While Mr. MacDonald, a pilot employed by Cougaruntil May 1, 2013, served as 

## acustomer liaison for VIH Cougar, VIH Cougar explainedto DOTthat both ofthese positions are non-managerial, and thus, are notkey personnel positions. See MacDonaldAffidavit; VIH Cougar Sept. 23,2012 Response at 14. Additionally, while VIH Cougarprocures certain assets from VIH Group for use in its operations, ithas negotiated agreements inplace to protectVIH Cougar from control by VIH

# Group,······················i

Finally, withregard to the dependence for support services, those situations, as shown in this summary, showthat VIH Cougar did so for advantageous business reasons and, again,. Furthermore, the support services were not as extensive as described by the Department and there was no total or complete reliance on VIH Group for the services. Factual Error No.8: DOTAssertion: The Final Order alleges that: "while VIH Cougar contends that its aircraft lease agreements are 'dry lease agreements,' meaning the aircraft are provided without crew, it also concedes inits objectionthat 'the "Support ServicesAgreements,"....govern the provision oftechnical, maintenance, training, crew and administrative support services by VIH Group, as well as leases for certain aircraft ownedby VIH Group.' Therefore, byVIH Cougar's own 10 DSMDB-3178959vladmission, its Support ServicesAgreements for crew are linked to its aircraft leases. Regardless ofwhether VIH Cougar obtains its aircraft leases and crewby a single agreement orbymultiple agreements, the provision ofaircraft and crew to a U.S. air carrierby a foreign company or companies under common control constitutes cabotage ifthose operations are conducted domestically and is otherwise prohibited by the Statute. The Department has previously found that the types ofpervasive management and support agreements, such as those used by VIH Cougar, were indicia ofcontrol or otherwise provided an ability for foreign interestto exeli substantial influence and control." See Final Order at 11. Corrected Facts: The circumstances and nature of, the support services agreements in this case are not indicative ofcontrol. •••••••••••••••••••••
Additionally, the provision ofservices for crewand aircraft is not a "wet lease" unless the carrier is required to use certain crewmembers.

••• Turner Dep. 229:20-229:23.
Factual ErrorNo.9: DOTAssertion: The Final Order err-oneously alleges that "accordingto a list ofemployees and contractors VIH Cougar provided, all of················· ••••• See Final Order at 11-12.

11 DSMDB-3178959vlCorrected Facts: See VIH Cougar Sept. 23, 2012 Response at 15 ("Employee List").
FactualErrorNo. 10: DOTAssertion: The Final Order alleges thatthe: "subcontract agreements between VIH Cougar and VIH Group, its Canadian minority affiliate, provide VIH Cougar with a substantial potiion ofits revenues, and these contracts cannotbe serviced without the assets, personnel, and other support that VIH Group provides VIH Cougar. Taken together, these facts demonstrate that VIH Cougar continues to be dependent onVIH Group, entities in which a Canadian citizenhas a majority or controlling interest. They are also evidence thatVIH Group continues to be in a position to substantially influence VIH Cougar through these pervasive agreements for assets and services, thereby calling into questionVIH Cougar's ability to operate independently ofthe CanadianVIH Group." See Final Order at 12. Corrected Facts: None ofthis is accurate.••••••••••••••••••• ••••••• VIH Cougar has, at the direction ofthe Department, decreased its use of services and VIH Group personnel. Atthis time, VIH Cougar •••••••••



### .............................. IIVIH Group. VIH Cougar also no longer VIH Group. VIH Cougar uses VIH Group for the provision of

12 DSMDB-3178959vlFactual ErrorNo. 11: DOT Assertion: The Final Order alleges that "considering these facts, as well as the contractor/vendor relationship Mr. Turner has with VIH Group (discussed below), we conclude that the agreements betweenthe restructured VIH Cougar and VIH Group were not negotiated on an arm's lengthbasis." 

### See Final Order at 12. Corrected Facts: There is no basis for this assertion. discussed above and below. Tumer Dep. 210:16-211 :4. Additionally, the terms clearly protect VIH Cougar and •••••• Further, crewrnembers were required to sign a document stating ••••••••••••• Additionally, as explained above, the services requested either yield a cost savings or are preferable for legitimate business considerations, ••••••••••

FactualErrorNo. 12: DOT Assertion/Corrected Response: The listing ofmanagement and board members onpage 13 ofthe Final Order is incorrect or out ofdate: 

## •
············- Turner Dep. at 222:11-222:13. 

## • 

## •

13 DSMDB-3178959vlFaCtual Error No. 13: DOT Assertion: The Final Order alleges that "[i]n addition to the management affiliations underthe oral contracts discussed above, 

### Mr. Larry Kelley also previously served as VIH Cougar's VFR Operations Manager. In addition, according to the AssetPurchase Agreement, CHI Helicopter (sic) See Final Order at 14. Corrected Facts: This is incorrect. 

## 111111111111111 That meant that either

## 111111111111111111111111111111• 111111111111111111 However, 

### Mr. Kelley is



## ..11111111111111111111111111111111111111111111111111111 TmnerDep. at 228:12-228:23.
Factual ErrorNo. 14: DOTAssertion: The Final Order alleges that "VIH Cougar initially failed to disclose Mr. Lippert's role as VIH USAand GAO FBO Services' registered agent during our initial investigation ofits citizenship, and ithas yet to explain why its employee also serves inthis role withVIH Group." See Final Order at 14. Corrected Facts: The fact is that

## •1111111111111111111111111111111111• Itis unknown ifthese relationships persist with other companies.

14 DSMDB-3178959vlFactual Error No. 15: DOTAssertion: TheFinal Order alleges that: "Mr. MacDonald's role at VIH Cougar and VIH Group and duties as liaison for the companieshas remainedunclear throughout our investigation, despite submissions ofvoluminous evidentiary material by VIH Cougar. For example, although Mr. MacDonald states in an affidavitthat 'I am no longer General Manager of VIH Cougar ... I remain an employee ofVIH Cougar, and myresponsibilities are to serve as a liaisonbetween customers andVIH Cougar,' VIH Cougar subsequently states in a later filing that Mr. MacDonald 'is no longer General Manager or an employee ofVIH Cougar,'butrather will serve as liaisonto customers. Moreover, while VIH Cougarprovidedpage long position descriptions for its other key personnel, it did notprovide a similar detailed position description for Mr. MacDonald." See Final Order at 14. Corrected Facts: The facts instead are that •••••••••••••••••• See VIH Cougar Sept. 23, 2012 Response at 14; MacDonald Affidavit; TumerDep. 228:24-229:8; 244:19-246:246:9. Mr. MacDonald······· •••••••••• Mr. MacDonaldis •••••••••• See VIH Cougar Sept. 23, 2012_Response at 14; Turner Dep. at 244:19-246:9. As customer liaison, Mr. MacDonald ••••••••••••••••••••••••••

••••••••• Mr. MacDonald does nothave the •••••••••••••

15 DSMDB-3178959vlFactual Error No. 16: DOT Assertion: The Final Order alleges that: "althoughMr. Steeperhas resigned and Mr. Turner has taken his place as president and owner, VIH Cougar's efforts have done little to resolve our concerns regarding the independence ofits president and its otherkeypersonnel. As noted inthe supplemental information VIH Cougarprovided concerning its restructuring, CHI, a U.S. helicopter operator ownedby Mr. Turner, nowprovides general management and human resources to both VIH Group and VIH USA. Therefore, VIH Cougarhas simply converted the VIH Group affiliation ofits president from an employee/counselorrelationship to a contractor/vendor relationship, andthe affiliations between VIH Cougar and its key management personnel have only changed cosmetically withno material significance. Still, VIH Cougar contends its newmanagementpersonnel are independent ofVIH Group, while in the same motion noting that the majority ofCHI and VIH Cougar's key personnel also serve under contract inidentical or similarpositions at VIH Group." See Final Order at 14-15. Corrected Facts: None ofthese statements are true. As explained at length above,-
Turner Dep. at 142:4-144:2.

These changes are not "cosmetic." ••••••••••••••••• ••••••••••••••••••••• Turner Dep. at 219:25-232:9. There is no evidence inthe record suggesting, much less demonstrating, otherwise.

16 DSMDB-3178959vlFactual ErrorNo. 17: DOTAssertion: The Final Order alleges that "Mr. Steeper's return onhis investment and Mr. Turner's total investment inVIH Cougar is likely limited to the $10 

### Mr. Turner paid for his shares ofVIH Cougar's stock" See Final Order at 16. Corrected Facts: This is incorrect. ••••••••••••••••••••• •••••••• Turner Dep. at 229:9-229:15; 239:19-239:22.

17 DSMDB-3178959vlBEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, 

### D.C.
In the matter ofthe cancellation ofthe AirTaxi authority issued to: VIH COUGAR HELICOPTERS, INC. Docket DOT-OST-2012-0022

DECLARATION OF CHRISTOPHER G. TURNER 

### I, Christopher G. Turner, hereby declare as follows pursuant to 28 U.S.C. 

### § 1746: 1. 

### I am the President and Secretary ofVIH Cougar Helicopters, Inc. ("VIH Cougar") and have served in that position since June 27, 2012. 2. I am also the President ofConstruction Helicopters, Inc. ("CHI"), a position which I have held since 1995. I have also been the owner ofCHI since 1997. 3. This declaration is submitted in support ofVIH Cougar and CHI's Motion for Reconsideration ofFinal Order and For a Hearing and Exhibit A attached thereto. 4. All facts stated in the "Corrected Facts" sections ofExhibit A are true and accurate to the best ofmy knowledge and belief. I declare under penalty ofperjury pursuant to the laws ofthe United States ofAmerica that the foregoing is true and correct. Executed on July 2, 2013