Order 2012-8-38

Served: August 31, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 31st day of August, 2012

In the matter of the cancellation of the Air Taxi authority

issued to

 VIH COUGAR HELICOPTERS, INC.

pursuant to the provisions of 14 CFR 298.24

 Docket DOT-OST-2012-0022

ORDER

By Order 2012-8-32, issued August 24, 2012, we requested additional information from VIH 

Cougar, Inc. (“VIH Cougar”), pertaining to the restructuring that it has undertaken in response to 

our Show Cause Order tentatively finding that it was under the actual control of Mr. Kenneth 

Norie, a Canadian citizens, and his affiliated companies, (hereinafter, collectively referred to as 

“VIH Group”). Among other things, we requested information concerning VIH Cougar’s new 

majority owner and the relationship of its new owner and several additional key personnel to 

VIH Group, and directed that VIH Cougar provide its response within 14 days.

On August 28, 2012, VIH Cougar filed a motion pursuant to Rule 9 (14 CFR 302.9) requesting a 

14 day extension of time to provide its response to Order 2012-8-32. VIH Cougar states that the 

Department’s request requires the production of multiple documents and the response of several 

of VIH Cougar’s key personnel and contends that, given the prior commitments and traveling 

arrangements of several of the key personnel required to provide information responsive to the 

Department’s order, it would be unable to response within the 14 days permitted by our order.

Moreover, VIH Cougar asserts that its request for a 14 day extension of time is reasonable and 

will not materially delay the proceeding.

DECISSION

We find that good cause exists, and will therefore grant VIH Cougar’s request for a 14 day 

extension of time to respond to Order 2012-8-32. While we are taking this action prior to the 

expiration of the answer period on VIH Cougar’s motion for an extension, we do not believe that 

VIH Cougar’s request will materially delay these proceedings or that any party would be 

prejudiced by granting VIH Cougar’s request. This action should provide VIH Cougar adequate 

time to respond to our order requesting additional information. Therefore, absent clear and 

compelling circumstances demonstrating good cause, we do not intend to grant any further 

extensions of time for VIH Cougar to provide its response to Order 2012-8-32.

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
2

ACCORDINGLY,

1. We grant VIH Cougar’s Motion of August 28, 2012, requesting an additional 14 days to 

respond to Order 2012-8-32.

2. We will serve a copy of this order on the persons listed in Attachment A.

By:

TODD M. HOMAN

Director

Office of Aviation Analysis

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov
Attachment A

SERVICE LIST FOR

VIH COUGAR HELICOPTERS, INC.

DAVID M NADLER

DAVID Y YANG

ANDREW A SMITH

COUNSEL TO VIH COUGAR 

 HELICOPTERS INC

DICKSTEIN SHAPIRO LLP

1825 EYE STREET NW

WASHINGTON DC 20006-5403

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 20166

CHRISTOPHER TURNER

PRESIDENT

VIH COUGAR HELICOPTERS INC

PO BOX 872

BELLINGHAM WASHINGTON 98227

ROY HARDIE 

AVIATION SAFETY INSPECTOR 

FEDERAL AVIATION ADMINISTRATION

JONATHAN BLANK

JOHN LONGSTRETH

TIM HOBBS

K & L GATES LLP

1601 K STREET NW

WASHINGTON DC 2006