In The Matter Of: 

### SERVED: FEBRUARY 25, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0866 MISSISSIPPI AIREXPRESS, LLC ) ) ) ) ) Case No. 2013S0950114 Respondent
ORDERWITHHOLDING FROM PUBLIC DISCLOSURE PORTIONS OF RESPONDENT'S MOTION TO DISMISS On February 2, 2015, an Order Adopting Proposed Briefing Schedule and Reserving Motion Conference was filed. On February 19,2015, the Respondent Mississippi Air Express ("Respondent") filed Respondent's Motion to Dismiss. On February 20,2015, the FAA Hearing Docket Clerk notified the Office ofHearings staffthat certainportions ofthe Respondent's Motionto Dismiss might containpersonally identifiable information. The Clerk asked for court direction onwhetherto postthese documents on the public website. BriefDiscussion Respondent's Exhibit C to the Motionto Dismiss consists oflabtestresults for Matthew Couch, the Respondent's president and pilot. These lab testresults include Mr. Couch's name, address, and a nine-digit number (which may be a Social Security Number), as well as general health and drug test results. The same lab testresults are provided again in attachments to Respondent's Exhibit D to the Motion. Included in Exhibit D are attachments that are marked Exhibit A1 and Exhibit C).

1There are two attachments to ExhibitD that are both marked as Exhibit A. This Order seals only the attached Exhibit A that contains Mr. Couch'spersonal information and lab results.Pursuantto 14 C.F.R. § 13.226(a), any information contained inthe record maybe withheld from public disclosure, either upon court orparty motion. Otherwise, all documents filed in the Hearing Docket are electronically accessible to the general public through the Federal DocketManagement System. 14 C.F.R. § 13.210(e). Based upon a courtreview ofthe Respondent's Exhibits, it appears that the lab test results contain sensitive, personally identifiable information, the public disclosure ofwhich would provide no benefit to the public or the parties. 14 C.F.R. § 13.226(b). Pursuant to 14 C.F.R. § 13.226, and having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, andbeing fully advised; IT IS HEREBY ORDERED: 1. The following portions ofthe Respondent's Motionto Dismiss shall be withheld from public disclosure:

a. Respondent's Exhibit C; and b. Theportions ofRespondent's Exhibit D (attached and marked Exhibit A and Exhibit C) that contain Mr. Couch's lab test results 2. The FAA Hearing Docket shall substitute a placeholder for the identified documents indicating thatthe documents are withheld from public disclosure. 3. Iffuture documents with confidential or sensitive information need to be filed, theparties should either agree to remove the confidential informationprior to filing (e.g., agree to strike out a social security number, or a credit card number, etc.) or, inthe alternative, file these documents with an attached requestto withhold from the public record, pursuantto 14 C.F.R. § 13.226(a).

Attachment: Service List
Page 2 of2DocketNo. FAA-2014-0866 (Civil Penalty Action) SERVICE LIST- BYU.S. MAIL ORIGINAL & ONE COPY

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10002

Mr. Deitrick H. Johnson Complainant's Counsel Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Wayne E. Ferrell, Jr. Respondent's Counsel Law Offices ofWayne E. Ferrell, Jr. P.O. Box 24448 405 Tombigbee St. Jackson, MS 39228-4448 TEL: 601-969-4700 FAX: 601-969-7514 Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-6941 FAX: 202-366-7536 ONE COPY

Mr. Matthew Couch, President Mississippi Air Express, LLC, Respondent 233 Clark Farms Rd. Madison, MS 39110

2 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.