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: 

VIH COUGAR HELICOPTERS, INC. 

I 

I 

I 

I 

I _____________________________ I 

Docket DOT -OST -2012-0022 

REDACTED VERSION 

VIH COUGAR HELICOPTERS, INC. AND CONSTRUCTION HELICOPTERS, INC.'S 

MOTION FOR RECONSIDERATION OF FINAL ORDER AND FOR A HEARING 

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 VIH Cougar Helicopters, Inc. 

Dated: July 2, 2013 
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 COUGARHELICOPTERS, INC. 

VIH COUGAR HELICOPTERS, INC. AND CONSTRUCTION HELICOPTERS, INC.'S 

MOTION FOR RECONSIDERATION OF FINAL ORDER AND FOR A HEARING 

VIH Cougar Helicopters, Inc. ("VIH Cougar") and Construction Helicopters, Inc. 

("CHI"), by and through undersigned counsel, respectfully move for reconsideration of the 

Department's Final Order 2013-6-8 ("Final Order"), and for a hearing before an Administrative 

Law Judge. 1 

INTRODUCTION 

The basis for reconsideration of the Final Order is straightforward. As shown below and 

in Exhibit A to this Motion, the Final Order - which the Department issued without the benefit of 

a hearing conducted by an Administrative Law Judge - 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 deposition testimony taken by the FAA, an agency ofthe 

Department, in a closely related proceeding. We of course are aware that the Final Order states 

1 We ask that the Department act expeditiously on this motion, and in any event no later than 

July 16, 2013. 

We fUiiher request that, if the 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 of a 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 LAW JUDGE 

The Final Order rests on numerous factual errors. These fundamental errors are not a 

matter of the Department weighing the evidence or resolving 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 from the record that CHI provides these services to 

VIH Cougar and not to VIH Group. See Exhibit A.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 

Exhibit A. In fact, there are no such affiliations. !d. 

3. VIH Cougar's executive and key personnel were not also "employees or 

contractors" ofVIH Group, and VIH 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 Exhibit A. 

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 Department to decide the 

request on the basis of complete and current information. 

3 For this erroneous conclusion, the Final Order relies on a statement onp.18 of a 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. 

2 
important executive functions and administrative functions; and (e) "strategic 

planning services, insurance services, and information technology services." 

Final Order at 3; compare Exhibit A. 

5. In short, VIH Cougar has not "cede[d] control of nearly all aspects of its 

operations through the use of pervasive contracts and agreements," to VIH Group. 

Final Order at 11; compare Exhibit A. 

The errors in the Final Order were apparent not only from VIH Cougar's submissions to 

the Department, but from a deposition of Christopher Turner, President ofVIH Cougar, which 

was taken by the FAA, an agency of the Department, on April 9, 2013 -two months before the 

Final order was issued. A copy of the transcript ("Tr.") of the deposition of Mr. Turner, which 

was taken in a closely related proceeding, In the Matter of VIH Cougar and Construction 

Helicopters, is attached hereto as Exhibit B. The fact that the current proceeding and the FAA 

proceeding in which the Turner deposition was taken are closely related is demonstrated by the 

fact that the FAA subpoenaed from Mr. Tumer, as part of the FAA proceeding, all documents 

provided by VIH Cougar to the Department in the course of the present proceeding. See FAA 

Subpoena Duces Tecum directed to Christopher Turner dated November 30,2012, attached 

hereto as Exhibit C. The deposition transcript, which was readily available to the Department -

and of which the Department had constructive if not actual notice - demonstrates that the 

Department's findings of fact in the Final Order are erroneous. 

For example, the Final Order erroneously asserts that "VIH Cougar's new owners and 

key management personnel continue to share affiliations with Mr. Norie" and are essentially 

employees ofVIH Group. Final Order p. 1-2, 12. Based on this alleged fact, the Department 

concluded that Mr. Norie can influence Mr. Turner- and that VIH Cougar's new ownership only 

"cosmetically" changed who controlled the company with "no material significance." Final 

Order p. 15. However, the swom testimony of Mr. Turner demonstrates that the Department's 

3 
factual 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 

4 
Turner 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, that there is no affiliation or control of CHI by Mr. Norie or his companies. 

Yetthere is no indication that the Department even considered Mr. Turner's sworn testimony, 

taken by an agency within the Department in a related proceeding two months before the Final 

Order was issued, when it made its erroneous factual findings in the Final Order. 

In light of the factual errors set forth above and in Exhibit A hereto, the Department 

should reconsider its Final Order. 

CONCLUSION 

For the foregoing reasons, VIH Cougar and CHI respectfully request that the Department 

grant reconsideration of its 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 

nadl erd@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 of July 2013 served the foregoing upon the persons 

listed below: 

Susan L. Kurland 

Office ofthe 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 ofTransportation 

1200 New Jersey Avenue, SE -

Room W96-495 

Washington, DC 20590 

Jonathan Blank 

John Longstreth 

Timothy Hobbs 

K&L Gates LLP 

1601 K Street N\V 

Washington, DC 20006-1600 

Peter Lynch, AGC-300 

Asst. Chief Counsel for Enforcement 

Federal Aviation Administration 

800 Independence Ave. S W 

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 

6 
Factual Error No. 1: 

REDACTED VERSION 

EXHIBIT A 

THE FACTUAL ERRORS IN 

DEPARTMENT OF TRANSPORTATION 

FINAL ORDER 2013-6-8 

DOT Assertion: The Final Order alleges that several CHI employees, including its CEO, Jack 

Duckworth, its Corporate Counsel, Mary Comazzi, and its Manager of West Coast Operations, 

Larry Kelly provide General Manager, Human Resources, and Accounting Oversight services to 

both VIH Group and VIH Cougar pursuant to oral contracts. See Final Order at 9. 

Corrected Facts: The purported basis 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 in the 

submission made it clear that CHI only provides those services to VIH Cougar. As VIH Cougar 

actually and substantively stated: 

• Mr. Duckworth, CHI's CFO (and not its CEO, as the Department incorrectly 

alleges) "provides all oversight of the accounting functions of VIH Cougar and 

acts as its CFO"; (see VIH Cougar Sept. 23, 2012 Response at 14) 

• Ms. Comazzi "will provide legal services as an employee of VIH Cougar and 

will provide [Human Resources] Services" (id.); and 

• Mr. Kelley "will act as General Manager ofVIH Cougar" each pursuant to a 

service agreement between CHI and VIH Cougar "yet to be finalized or 

memorialized in writing (id.)." 

DSMDB-3178959vl 
Factual Error No.2: 

DOT Assertion: 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 Final Order at 2. 

Corrected Facts: None ofVIH Cougar's new owners or key management personnel has any 

affiliations with Mr. Norie or VIH 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. William MacDonald, 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-3178959vl 
See VIH Cougar Sept. 23, 2012 Response at 

14; MacDonald Affidavit. 

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 of the U.S. carrier share any positions of employment with the 

foreign minority investor, DOT has held that there is no undue control or indication that the 

carrier is dependent on any foreign interests. See Final Order at 10. 

Factual Error No.3: 

DOT Assertion: The Final Order alleges that "[w]e cannot find an entity is a U.S. citizen under 

the Statute where its executive or its key personnel are also employees or contractors of their 

foreign minority affiliate and the foreign minority affiliate also performs nearly all the functions 

and provides nearly all the essential assets necessary to operating the entity claiming to be a U.S. 

citizen."· See Final Order at 2. 

Corrected Facts: At the time ofVIH Cougar's last submission to DOT on January 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 of September 2012, ••••••••••••• -----Id. 

Turner Dep. at 219:25-229:8. 

.................................. Turner 

Dep. at 142:4-144:2. ·············- !d. 

Factual Error No.4: 

DOT Assertion: The Final Order alleges that "[w]ith regard to VIH Cougar's business 

relationships with and dependence on VIH Group, we noted in our Show Cause Order that 

VIH Cougar leases tools, inventory, and hangar space, as well as all of its aircraft from 

VIH Group, and it contracts with VIH Group for the provision of certain 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, human resources and benefits management, strategic planning 

services, insurance services, and information technology 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 of maintenance training. VIH Cougar 

The sole source of training for 

VIH Cougar pilots was training by 

• Crewmembers were provided by VIH Cougar (pilots, mechanics, 

management, administrative support, rescue specialists), 

not just 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 of executive 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 provided by 

employees ofVIH Cougar . 

• 

• Beginning in November 2012, 

5 

DSMDB-3178959vl 
• Beginning January 1, 2013, VIH Group 

in terms of information technology services to VIH Cougar. 

Factual Error No.5: 

DOT Assertion: The Final Order alleges: "Finally, we tentatively fOlmd that, considering 

Mr. Steeper's prior and current association with VIH Group, it did not appear that the contractual 

relationships between VIH Cougar and VIH Group were negotiated at arm's length or that the 

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-3178959vl 
Factual Error No.6: 

DOT Assertion: The Final Order alleges: "[ o ]ur tentative findings also focused on the 

pervasive managerial and operational interrelationships and agreements between VIH Group and 

VIH Cougar that provided the former with undue influence and control over the latter . . . . VIH 

Cougar's restructuring fails to address its dependency on VIH Group, entities in which a 

Canadian citizen has a majority or controlling interest, or the pervasive agreements between it 

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 of this 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 

under the 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] pursuant to an oral cost-plus 

contract," the point is irrelevant. GAO FBO Services provides fuel to many 

companies at the GAO airport because it is the only source of fuel at the GAO 

airport. Thus, unless VIH Cougar is to build and maintain its own fuel 

facility, which may or may not be allowed by the Port Authority, VIH Cougar 

must buy 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, pursuant to work orders under the -

Helicopter Technical Support Agreement, Cougar was to provide: 

1) 

2) 

7 

DSMDB-3178959vl 
3) 

4) 

• The Final Order then alleges: "Thus, rather that carrying out thecontract with its own personnel and resources, VIH Cougar is wholly 

dependent on a Canadian helicopter operator to provide 

under the contract." See Final Order at 10. 

• These allegations are untrue. 

1) 

2) 

3) 

8 

DSMDB-3178959vl 
4) 

5) 

6) 

Factual Error No.7: 

DOT Assertion: The Final Order claims that "the circumstances presented here are materially 

different [than the cases cited by VIH Cougar where the DOT did not find any evidence of 

improper foreign control]. For example, in those cases, the key management personnel did not 

share positions of employment with the foreign minority investor. Moreover, neither Astar nor 

9 

DSMDB-3178959vl 
Northwest was dependent on its foreign affiliate for assets or support services." See Final Order 

at 10.-

Corrected Facts: .This is incorrect. At the time ofVIH Cougar's last submission to DOT on 

January 3, 2013, there were no VIH Cougar key personnel who shared any employment positions 

with VIH Group. See VIH Cougar Sept. 23,2012 Response at 8-14. While Mr. MacDonald, a 

pilot employed by Cougar until May 1, 2013, served as a customer liaison for VIH Cougar, VIH 

Cougar explained to DOT that both of these positions are non-managerial, and thus, are not key 

personnel positions. See MacDonald Affidavit; VIH Cougar Sept. 23,2012 Response at 14. 

Additionally, while VIH Cougar procures certain assets from VIH Group for use in its 

operations, it has negotiated agreements in place to protect VIH Cougar from control by 

VIH Group,······················i 

Finally, with regard to the dependence for support services, those situations, as shown in 

this summary, show that 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: 

DOT Assertion: 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 in its objection that 'the "Support Services Agreements," .... govern the provision 

of technical, maintenance, training, crew and administrative support services by VIH Group, as 

well as leases for certain aircraft owned by VIH Group.' Therefore, by VIH Cougar's own 

10 

DSMDB-3178959vl 
admission, its Support Services Agreements for crew are linked to its aircraft leases. Regardless 

of whether VIH Cougar obtains its aircraft leases and crew by a single agreement or by multiple 

agreements, the provision of aircraft and crew to a U.S. air carrier by a foreign company or 

companies under common control constitutes cabotage if those operations are conducted 

domestically and is otherwise prohibited by the Statute. The Department has previously found 

that the types of pervasive management and support agreements, such as those used by 

VIH Cougar, were indicia of control or otherwise provided an ability for foreign interest to 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 of control. ••••••••••••••••••••• 

Additionally, the provision of services for crew and 

aircraft is not a "wet lease" unless the carrier is required to use certain crewmembers . 

••• Turner Dep. 229:20-229:23. 

Factual Error No.9: 

DOT Assertion: The Final Order err-oneously alleges that "according to a list of employees and 

contractors VIH Cougar provided, all of················· 

••••• See Final Order at 11-12. 

11 

DSMDB-3178959vl 
Corrected Facts: 

See VIH Cougar 

Sept. 23, 2012 Response at 15 ("Employee List"). 

Factual Error No. 10: 

DOT Assertion: The Final Order alleges that the: "subcontract agreements between 

VIH Cougar and VIH Group, its Canadian minority affiliate, provide VIH Cougar with a 

substantial potiion of its revenues, and these contracts cannot be 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 on VIH Group, entities in which a 

Canadian citizen has a majority or controlling interest. They are also evidence that VIH Group 

continues to be in a position to substantially influence VIH Cougar through these pervasive 

agreements for assets and services, thereby calling into question VIH Cougar's ability to operate 

independently of the Canadian VIH Group." See Final Order at 12. 

Corrected Facts: None ofthis is accurate .••••••••••••••••••• 

••••••• VIH Cougar has, at the direction of the Department, decreased its use of 

services and VIH Group personnel. At this time, VIH Cougar ••••••••• 

.............................. IIVIH 

Group. VIH Cougar also no longer VIH Group. VIH 

Cougar uses VIH Group for the provision of 

12 

DSMDB-3178959vl 
Factual Error No. 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 between the restructured VIH Cougar and VIH Group were not negotiated on 

an arm's length basis." 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, •••••••••• 

Factual Error No. 12: 

DOT Assertion/Corrected Response: The listing of management and board members on page 

13 of the Final Order is incorrect or out of date: 

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

• 

• 

13 

DSMDB-3178959vl 
FaCtual Error No. 13: 

DOT Assertion: The Final Order alleges that "[i]n addition to the management affiliations 

under the oral contracts discussed above, Mr. Larry Kelley also previously served as VIH 

Cougar's VFR Operations Manager. In addition, according to the Asset Purchase 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 Error No. 14: 

DOT Assertion: The Final Order alleges that "VIH Cougar initially failed to disclose 

Mr. Lippert's role as VIH USA and GAO FBO Services' registered agent during our initial 

investigation of its citizenship, and it has yet to explain why its employee also serves in this role 

with VIH Group." See Final Order at 14. 

Corrected Facts: The fact is that •1111111111111111111111111111111111• It is 

unknown if these relationships persist with other companies. 

14 

DSMDB-3178959vl 
Factual Error No. 15: 

DOT Assertion: The Final Order alleges that: "Mr. MacDonald's role at VIH Cougar and 

VIH Group and duties as liaison for the companies has remained unclear throughout our 

investigation, despite submissions of voluminous evidentiary material by VIH Cougar. For 

example, although Mr. MacDonald states in an affidavit that 'I am no longer General Manager of 

VIH Cougar ... I remain an employee of VIH Cougar, and my responsibilities are to serve as a 

liaison between customers and VIH Cougar,' VIH Cougar subsequently states in a later filing 

that Mr. MacDonald 'is no longer General Manager or an employee ofVIH Cougar,' but rather 

will serve as liaison to customers. Moreover, while VIH Cougar provided page long position 

descriptions for its other key personnel, it did not provide 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. MacDonald is •••••••••• 

See VIH Cougar Sept. 23, 2012_Response at 14; Turner Dep. at 244:19-246:9. As customer 

liaison, Mr. MacDonald •••••••••••••••••••••••••• 

••••••••• Mr. MacDonald does not have the ••••••••••••• 

15 

DSMDB-3178959vl 
Factual Error No. 16: 

DOT Assertion: The Final Order alleges that: "although Mr. Steeper has 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 of its president and its other key personnel. As 

noted in the supplemental information VIH Cougar provided concerning its restructuring, CHI, a 

U.S. helicopter operator owned by Mr. Turner, now provides general management and human 

resources to both VIH Group and VIH USA. Therefore, VIH Cougar has simply converted the 

VIH Group affiliation of its president from an employee/counselor relationship to a 

contractor/vendor relationship, and the affiliations between VIH Cougar and its key management 

personnel have only changed cosmetically with no material significance. Still, VIH Cougar 

contends its new management personnel are independent of VIH Group, while in the same 

motion noting that the majority of CHI and VIH Cougar's key personnel also serve under 

contract in identical or similar positions 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 in the record suggesting, much less demonstrating, otherwise. 

16 

DSMDB-3178959vl 
Factual Error No. 17: 

DOT Assertion: The Final Order alleges that "Mr. Steeper's return on his investment and 

Mr. Turner's total investment in VIH 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-3178959vl 
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: 

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 of Construction Helicopters, Inc. ("CHI"), a position which I have 

held since 1995. I have also been the owner of CHI since 1997. 

3. This declaration is submitted in support ofVIH Cougar and CHI's Motion for 

Reconsideration of Final Order and For a Hearing and Exhibit A attached thereto. 

4. All facts stated in the "Corrected Facts" sections of Exhibit A are true and accurate to the 

best of my knowledge and belief. 

I declare under penalty of perjury pursuant to the laws of the United States of America 

that the foregoing is true and correct. 

Executed on July 2, 2013