U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION 

# RECEIVED JAN 052015 HEARING DOCKET

COMPLAINANT


## v. DOCKETNO. FAA-2014-0866 MISSISSIPPI AIR EXPRESS, LLC RESPONDENT

RESPONDENT'S OBJECTIONS, RESPONSES AND/OR ANSWERTO THE COMPLAINT Respondent, Mississippi Air Express, LLC, files this its Objections, Responses and/or Answer to the Complaint as follows: FIRST OBJECTION AND/OR RESPONSE The Complaint must be dismissed because the Complaint was nottimely filed. The events, ofwhichthe Federal Aviation Administration (hereinafter referred to as "FAA'') complains, did not occur in 2012; the FAA has delayed inprosecuting this case; and the Complaint should be dismissed for failure to timelyprosecute. SECOND OBJECTION AND/OR RESPONSE The Respondent moves to dismiss the Complaint because Mississippi Air Express, LLC has not been afforded a speedy trial and the Complaint against Mississippi Air Express, LLC has not beenprosecuted in a timely fashion. No events occurred in 2012, and the FederalAviation Administration waited an excessive amount oftime to submit the FinalNotice ofProposed Civil Penalty to Mississippi Air Express, LLC. The Federal AviationAdministration has delayed prosecution ofthis case to the detriment ofMississippi Air Express, LLC; has prejudicedMississippi Air Express, LLC in the Defense ofits case, and therefore the Complaintmust be dismissed. THIRD OBJECTION AND/OR RESPONSE The Complaint mustbe dismissed because Mississippi Air Express, LLC's actions did not endanger the pilot, the passengers or crewmembers ofany aircraft and the actions of Mississippi Air Express, LLC were not detrimental to air safety. FOURTH OBJECTION AND/ORRESPONSE The Complaint should be dismissedbecause the Complaint fails to state a claim, cause of action, reason orjustificationfor Complaint. FIFTH OBJECTION AND/OR RESPONSE Respondent would affirmatively showthat ithas presented informationto the FAAwhich shows thatthe allegations are, in part, false and the FAA continuesto prosecutethe case and harass and vex Mississippi Air Express, LLC. SIXTH OBJECTION AND/ORRESPONSE Respondent, without waiving the merits ofits FirstthroughFifth Objections, Responses and/or Answer, objects, responds and/or answers the Complaint, paragraphbyparagraph, as follows: 1. Respondent denies the allegations, ifany, contained in the unnumberedparagraph under "COMPLAINT" beginning, "The Federal Aviation Administration" and ending "and states

as follows", on page one ofthe Complaint, except to admit that the FAAfiled its Complaint and except to admitthat Mississippi Air Express, LLC was advised ofa FinalNotice ofProposed Civil Penalty.
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### 2. Respondent denies the allegations contained in paragraph I. 1on page one ofthe Complaint, except to admit that Mississippi Air Express, LLC was sent a Final Notice of Proposed Civil Penalty and except to admit that the FAA received a writtenrequest for a hearing from the Respondent. 3. Respondent denies the allegations contained inparagraph II. 1 on page one ofthe Complaint, except to admit that Mississippi Air Express, LLC was the holder ofAir Carrier Certificate Number 4MCA983M issued under part 119. 4. Respondent denies the allegations contained inparagraph II. 2 on page one ofthe Complaint, except to admit that Mississippi Air Express operation specifications required itto comply with certain Federal Regulations. 5. Respondent denies the allegations contained in paragraph II. 3 on page one ofthe Complaint. 6. Respondent denies the allegations contained in paragraph II. 3a on page two ofthe Complaint. 7. Respondent denies the allegations contained in paragraph II. 3 b on page two ofthe Complaint except to admit that Mississippi Air Express, under certain circumstances, is required to provide educational materials. 8. Respondent denies the allegations contained inparagraph II. 3c on page two ofthe Complaint (including subparagraphs i; ii; and iii) except to admit that there are certain requirements that should be provided in an EAP education program. 9. Respondent denies the allegations contained in paragraph II. 4 on page two ofthe Complaint. 

### 3

### 1 0. Respondent denies the allegations contained inparagraphII. 4a on page two ofthe Complaint exceptto admit that civil aircraft N601TE was authorized for use by Mississippi Air Express, LLC in its part 135 operations. 11. Respondent admits the allegations contained inparagraph II. 4b on page two of the Complaint. 12. Respondent denies the allegations contained inparagraph II. 4c on page two ofthe Complaint. 13. Respondent denies the allegations contained in paragraph II. 4d on page two ofthe Complaint. 15. Respondent denies the allegations contained inparagraph II. 4e on page two ofthe Complaint (including subparagraphs i; ii; and iii). 16. Respondent denies the allegations contained inparagraph II. 4 f on page two ofthe Complaint. 17. Respondent denies the allegations contained in paragraph II. 4g on page three of the Complaint. 18. Respondent denies the allegations contained inparagraphII. 4h on page three of the Complaint. 19. Respondent denies the allegations contained in paragraph III. 5 on page three of the Complaint. 20. Respondent denies the allegations contained in paragraph III. 5, subparagraph 1,

on page three ofthe Complaint.



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### 21. Respondent denies the allegations contained inparagraph III. 5, subparagraph 2,

on page three ofthe Complaint. 22. Respondent denies the allegations contained in paragraph III. 5, subparagraph 3, (including subparagraphs i; ii; and iii) onpage three ofthe Complaint. 23. Respondent denies the allegations, ifany, contained in the frrst unnumbered paragraph following paragraph III. 5, subparagraph 3, on page three ofthe Complaintbeginning "Pursuant to 49 U.S.C. Sections" and ending "the violations alleged". 24. Respondent denies the allegations, ifany, contained in the secondunnumbered paragraph following paragraph III. 5, subparagraph 3, onpage three ofthe Complaintbeginning "Under the facts" and ending "is appropriate". 25. Respondent denies the allegations, ifany, contained inthe third urmumbered paragraph following paragraph III. 5, subparagraph 3, on page three ofthe Complaint beginning "WHEREFORE" and ending "in the amount of$2,200.00". 26. Respondent denies any and all other allegations that are not specifically admitted. AND NOW HAVING FULLY RESPONDED to the Complaint, the Respondent moves that the Complaint be dismissed at the cost ofthe Federal Aviation Administration and moves the Court for an Order awarding the Respondent, Mississippi Air Express, LLC, its attorney's fees and expenses under the Equal Access to Justice Act. SEVENTH OBJECTION, RESPONSE, ANSWER ORDEFENSE Respondent would affirmatively show that the Complaint must be dismissed because the Complaint was not timely fried. The events, ofwhich the FAA complains, did not occur in 2012;



### 5the FAAhas delayed in prosecuting this case; and the Complaint shouldbe dismissed for failure to timely prosecute. EIGHTH OBJECTION, RESPONSE, ANSWER ORDEFENSE Respondent would affirmatively show that the Complaint shouldbe dismissedbecause Mississippi Air Express, LLC has notbeen afforded a speedy trial and the Complaint against Mississippi Air Express, LLC has not beenprosecuted in a timely fashion. No events occurred in 2012, and the Federal AviationAdministration waited an excessive amount oftime to submit the Final Notice ofProposed Civil Penalty to Mississippi Air Express, LLC. The Federal Aviation Administration has delayedprosecution ofthis case to the detriment ofMississippi Air Express, LLC; has prejudiced Mississippi Air Express, LLC inthe Defense ofits case, and therefore the Complaintmust be dismissed. NINTH OBJECTION, RESPONSE, ANSWER ORDEFENSE Respondent would affirmatively show that the Complaint must be dismissed because Mississippi Air Express, LLC's actions did not endanger the pilot, the passengers or crew members ofany aircraft and the actions ofMississippi Air Express, LLC were not detrimental to air safety. TENTH OBJECTION, RESPONSE, ANSWER ORDEFENSE Respondent would affirmatively show that the Complaint should be dismissed because the Complaint fails to state a claim, cause ofaction, reason orjustificationfor Complaint.

6ELEVENTH OBJECTION, RESPONSE, ANSWER ORDEFENSE Respondent would affirmatively showthat it has presented informationto the FAAwhich shows that the allegations are, inpart, false and the FAA continues to prosecute the case and harass and vex Mississippi Air Express, LLC. Respectfully submitted, this the 2"d day ofJanuary, 2015.**MISSISSIPPI~ EXPRES~LS,/,** 

# ~c?~~ By: 

# t

OF COUNSEL: WAYNE E. FERRELL, JR. Mississippi BarNo. 5182 Attorney at Law Law Offices ofWayne E. Ferrell, Jr., PLLC 405 Tombigbee Street Post Office Box 24448 Jackson, Mississippi 39225-4448 (601) 969-4700 WAYNE E. FERRELL, JR.

7CERTIFICATE OF SERVICE I, Wayne E. Ferrell, do hereby certify that I have this day forwarded a true and correct copy ofthe above and foregoing document to the following: ViaFederal Express Original and One Copy to: ATTN: Hearing Docket Clerk, AGC-430 Federal Aviation Administration 600 Independence Avenue SW Wilbur Wright Building, Suite 2Wl000 Washington, DC 20591

Via U. S. Mail, postage, prepaid One Copy to: Hone. J. E. Sullivan, Administrative Law Judge Office ofHearings, M-20 U. S. Department ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 Mr. Deitrick H. Johnson Office ofRegional Counsel Southern Region Federal Aviation Administration P. 

### 0. Box 20636 Atlanta, GA 30320 This the 2"d day ofJanuary, 2015.

WAYNE E FERRELL, JR.

8WEB PAGE www.airlawonline.com 

### LAWOFFICES OF WAYNE E. FERRELL, 

### JR., PLLC 405 Tombigbee Street (39201) Post Office Box 24448 Jackson, Mississippi 39225-4448 Telephone: 601.969.4700 Fax: 601.969.7514 MASTER OF LAWS, L.L.M. AVIATION & SPACE LAW January 2, 2015 VlAFEDERALEXPRESS

ATTN: Hearing Docket Clerk, AGC-430 Federal AviationAdministration 600 Independence Avenue SW Wilbur Wright Building, Suite 2W1000 Washington, DC 20591 EMAIL: wferrell@airlawonline.corn



# RECEIVED JAN 0 52015 HEARING DOCKET

Re: FAA v. Mississippi Air Express, LLC; DocketNo. FAA-2014-0866 Gentlemen: Please find enclosed an original and one copy ofRespondent's, Mississippi Air Express, LLC, Objections, Responses and/or Answerto the Complaintfor filing in the above styled and numbered cause. Ifyou have any questions please feel free to call me. Sincerely,

# 4c?~ Wayne E. FeJrell, Jr. WEFjr:dc cc: Hon. J. E. Sullivan, Administrative Law Judge Mr. Deitrick H. Johnson Mississippi Air Express, LLC