U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION 

RECEIVED 

JAN 0 5 2015 

HEARING DOCKET 

COMPLAINANT 

v. DOCKET NO. FAA-2014-0866 

MISSISSIPPI AIR EXPRESS, LLC RESPONDENT 

RESPONDENT'S OBJECTIONS, RESPONSES AND/OR ANSWER TO 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 not timely filed. The 

events, of which the Federal Aviation Administration (hereinafter referred to as "FAA'') 

complains, did not occur in 2012; the FAA has delayed in prosecuting this case; and the 

Complaint should be dismissed for failure to timely prosecute. 

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 been prosecuted in a timely fashion. No events occurred in 2012, and the Federal Aviation 

Administration waited an excessive amount of time to submit the Final Notice of Proposed Civil 

Penalty to Mississippi Air Express, LLC. The Federal Aviation Administration has delayed 

prosecution of this case to the detriment of Mississippi Air Express, LLC; has prejudiced 
Mississippi Air Express, LLC in the Defense of its case, and therefore the Complaint must be 

dismissed. 

THIRD OBJECTION AND/OR RESPONSE 

The Complaint must be dismissed because Mississippi Air Express, LLC's actions did 

not endanger the pilot, the passengers or crew members of any aircraft and the actions of 

Mississippi Air Express, LLC were not detrimental to air safety. 

FOURTH OBJECTION AND/OR RESPONSE 

The Complaint should be dismissed because the Complaint fails to state a claim, cause of 

action, reason or justification for Complaint. 

FIFTH OBJECTION AND/OR RESPONSE 

Respondent would affirmatively show that it has presented information to the FAA which 

shows that the allegations are, in part, false and the FAA continues to prosecute the case and 

harass and vex Mississippi Air Express, LLC. 

SIXTH OBJECTION AND/OR RESPONSE 

Respondent, without waiving the merits of its First through Fifth Objections, Responses 

and/or Answer, objects, responds and/or answers the Complaint, paragraph by paragraph, as 

follows: 

1. Respondent denies the allegations, if any, contained in the unnumbered paragraph 

under "COMPLAINT" beginning, "The Federal Aviation Administration" and ending "and states 

as follows", on page one of the Complaint, except to admit that the FAA filed its Complaint and 

except to admit that Mississippi Air Express, LLC was advised of a Final Notice of Proposed 

Civil Penalty. 

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2. Respondent denies the allegations contained in paragraph I. 1 on page one of the 

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 written request for a hearing 

from the Respondent. 

3. Respondent denies the allegations contained in paragraph II. 1 on page one of the 

Complaint, except to admit that Mississippi Air Express, LLC was the holder of Air Carrier 

Certificate Number 4MCA983M issued under part 119. 

4. Respondent denies the allegations contained in paragraph II. 2 on page one of the 

Complaint, except to admit that Mississippi Air Express operation specifications required it to 

comply with certain Federal Regulations. 

5. Respondent denies the allegations contained in paragraph II. 3 on page one of the 

Complaint. 

6. Respondent denies the allegations contained in paragraph II. 3a on page two of the 

Complaint. 

7. Respondent denies the allegations contained in paragraph II. 3 b on page two of the 

Complaint except to admit that Mississippi Air Express, under certain circumstances, is required 

to provide educational materials. 

8. Respondent denies the allegations contained in paragraph II. 3c on page two of the 

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 of the 

Complaint. 

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1 0. Respondent denies the allegations contained in paragraph II. 4a on page two of the 

Complaint except to admit that civil aircraft N601 TE was authorized for use by Mississippi Air 

Express, LLC in its part 135 operations. 

11. Respondent admits the allegations contained in paragraph II. 4b on page two of 

the Complaint. 

12. Respondent denies the allegations contained in paragraph II. 4c on page two of the 

Complaint. 

13. Respondent denies the allegations contained in paragraph II. 4d on page two of the 

Complaint. 

15. Respondent denies the allegations contained in paragraph II. 4e on page two of the 

Complaint (including subparagraphs i; ii; and iii). 

16. Respondent denies the allegations contained in paragraph II. 4 f on page two of the 

Complaint. 

17. Respondent denies the allegations contained in paragraph II. 4g on page three of 

the Complaint. 

18. Respondent denies the allegations contained in paragraph II. 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 of the Complaint. 

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21. Respondent denies the allegations contained in paragraph III. 5, subparagraph 2, 

on page three of the Complaint. 

22. Respondent denies the allegations contained in paragraph III. 5, subparagraph 3, 

(including subparagraphs i; ii; and iii) on page three of the Complaint. 

23. Respondent denies the allegations, if any, contained in the frrst unnumbered 

paragraph following paragraph III. 5, subparagraph 3, on page three of the Complaint beginning 

"Pursuant to 49 U.S.C. Sections" and ending "the violations alleged". 

24. Respondent denies the allegations, if any, contained in the second unnumbered 

paragraph following paragraph III. 5, subparagraph 3, on page three of the Complaint beginning 

"Under the facts" and ending "is appropriate". 

25. Respondent denies the allegations, if any, contained in the third urmumbered 

paragraph following paragraph III. 5, subparagraph 3, on page three of the 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 of the 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 OR DEFENSE 

Respondent would affirmatively show that the Complaint must be dismissed because the 

Complaint was not timely fried. The events, of which the FAA complains, did not occur in 2012; 

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the FAA has delayed in prosecuting this case; and the Complaint should be dismissed for failure 

to timely prosecute. 

EIGHTH OBJECTION, RESPONSE, ANSWER OR DEFENSE 

Respondent would affirmatively show that the Complaint should be dismissed because 

Mississippi Air Express, LLC has not been afforded a speedy trial and the Complaint against 

Mississippi Air Express, LLC has not been prosecuted in a timely fashion. No events occurred in 

2012, and the Federal Aviation Administration waited an excessive amount of time to submit the 

Final Notice of Proposed Civil Penalty to Mississippi Air Express, LLC. The Federal Aviation 

Administration has delayed prosecution of this case to the detriment of Mississippi Air Express, 

LLC; has prejudiced Mississippi Air Express, LLC in the Defense of its case, and therefore the 

Complaint must be dismissed. 

NINTH OBJECTION, RESPONSE, ANSWER OR DEFENSE 

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 of any aircraft and the actions of Mississippi Air Express, LLC were not detrimental to 

air safety. 

TENTH OBJECTION, RESPONSE, ANSWER OR DEFENSE 

Respondent would affirmatively show that the Complaint should be dismissed because 

the Complaint fails to state a claim, cause of action, reason or justification for Complaint. 

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ELEVENTH OBJECTION, RESPONSE, ANSWER OR DEFENSE 

Respondent would affirmatively show that it has presented information to the FAA which 

shows that the allegations are, in part, false and the FAA continues to prosecute the case and 

harass and vex Mississippi Air Express, LLC. 

Respectfully submitted, this the 2"d day of January, 2015. 

MISSISSIPPI~ EXPRES~LS,/, 

By: ~c?~~ t 

OF COUNSEL: 

WAYNE E. FERRELL, JR. 

Mississippi Bar No. 5182 

Attorney at Law 

Law Offices of Wayne E. Ferrell, Jr., PLLC 

405 Tombigbee Street 

Post Office Box 24448 

Jackson, Mississippi 39225-4448 

(601) 969-4700 

WAYNE E. FERRELL, JR. 

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CERTIFICATE OF SERVICE 

I, Wayne E. Ferrell, do hereby certify that I have this day forwarded a true and correct 

copy of the above and foregoing document to the following: 

Via Federal Express 

Original and One Copy to: 

ATTN: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

600 Independence Avenue SW 

Wilbur Wright Building, Suite 2Wl 000 

Washington, DC 20591 

Via U. S. Mail, postage, prepaid 

One Copy to: 

Hone. J. E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U. S. Department of Transportation 

1200NewJersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

Mr. Deitrick H. Johnson 

Office of Regional Counsel 

Southern Region 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

This the 2"d day of January, 2015. 

WAYNE E FERRELL, JR. 

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WEB PAGE 

www.airlawonline.com 

LAW OFFICES OF 

WAYNE E. FERRELL, JR., PLLC 

405 Tombigbee Street (3 9201) 

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 Aviation Administration 

600 Independence Avenue SW 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

EMAIL: 

wferrell@airlawonline.corn 

RECEIVED 

JAN 0 5 2015 

HEARING DOCKET 

Re: FAA v. Mississippi Air Express, LLC; Docket No. FAA-2014-0866 

Gentlemen: 

Please find enclosed an original and one copy of Respondent's, Mississippi Air Express, 

LLC, Objections, Responses and/or Answer to the Complaint for filing in the above styled and 

numbered cause. 

If you 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