### > ..

U.S. 

### DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D. C.
IN THE MATTER OF: DOCKETNO. FAA-2014-0866 MISSISSIPPI AIREXPRESS, LLC FAA CASE NO. 2013S0950114 Respondent Judge J.E. Sullivan



### ADMINISTATOR'S SUPPLEMENTAL RESPONSE RESPONDENT'S MOTION TO DISMISS COMES NOW the Administrator, by and through the undersigned attorney, files his Supplemental Response to Respondent's Motion to Dismiss. TheAdministrator submits that the Motion shouldbe denied, and in support thereofstates the following: 

### FACTS On or about January 30, 2013, the Federal Aviation Administration (FAA), conducted an inspection ofthe Respondent's Antidrug and Alcohol Misuse Prevention Program. During the investigationthe FAAbecame aware ofthe following: I. 

### Civil aircraft N601TE was authorized for use by the Respondent in its part 135 operations; 2. Matthew Couchis the owner and pilot for Mississippi Air Express; 3. On or about June 20, 2012, Matthew Couch applied for employment with Respondent and was hired for a safety-sensitive function;

### 4. On or about June 20, 2012, Matthew Couch, prior to nor at the time he was hired, did not complete a Department ofTransportation (DOT) pre-employment drug test; and, 5. Matthew Couch conducted Part 135 flights for the Respondent. On or about March 26, 2014, the Administrator issued the Notice of Proposed Civil Penalty (Notice). (Exhibit I) Due to a mistake on the behalfofthe Administrator, on or about July 7, 2014, the Administrator issued an AmendedNotice ofProposed Civil Penalty (Amended Notice) clearlyoutliningthe facts above. (Exhibit 2) On or about November 18, 2014, the Administrator issued the Final Notice ofProposed Civil Penalty (FNPCP). (Exhibit 3) On or about December 5, 2014, following notice ofthe appeal, the Administrator filled his Complaint. (Exhibit4) ARGUMENT 

### Respondent argues that the Administrator did not properlyprovide Notice ofthe allegations against the Respondent dueto clerical errors. Further, he argues thatthe Administratorhas nottimely soughtprosecution for the actions alleged in the FNPCP. These arguments are unfounded and the Respondent's Motion to Dismiss shouldbe denied due to the following: I. 

### The Administrator Made His Allegations Clear in the Notice

Onorabout March 26, 2014, the Administratorissued the Notice. (Exhibit I). The Notice was sufficientto make the Respondent aware ofthe allegations against him. The Notice outlined: 1. TheRespondent's name; 2. TheRespondent's Air Carrier Certificate Number; 3. Theregulations the Respondentis required to follow; 4. The aircraft authorized for usebythe Respondent;

### 5. The Respondent's owner and pilot; 6. The Federal Aviation Regulation sections violated; and, 7. The Respondent's civil penalty. Despite the errors contained in the Notice, it provides the notice to the Respondent of Administrator's allegations against him which are: 1. 

### Under 14 C.F.R. 120.109 in that no employer may hire any individual for safetysensitive function without conducting apre-employmenttest and receiving negative drug result; 2. Under 14 C.F.R. 120.223 in that each employermust provide educational materials that explain alcohol testingrequirements; and, 3. Under 14 C.F.R. 120.115 in that each EAP program must includethree components. Based on these alleged violations, the informationprovided in theNotice is sufficient. II. The Administrator Had Good Cause for the AmendedNotice On April25, 2014, Respondent's Counsel sent a letter to the Administrator requesting "an extension of45 days from the date ofthis letter to respond to yourMarch 26, 2014, letter and for Mississippi Air Express, LLC to produce evidence or statements regarding this matter." (Exhibit 5). Based onthis request, the Administrator did not proceed any further. Forty-five days from April25, 2014 was June 9, 2014 which included weekends and holidays. On June 13,2014, the Respondentprovidedhis response to theNotice. (Exhibit 6). Based onthe facts and errors highlighted intheresponse, on July 7, 2014the Administrator issued an Amended Notice of Proposed Civil Penalty. The Amended Notice merelyprovided additional clarification ofthe facts allegedbythe Respondent. The Respondent's responsemakes it clear that the Respondent
was aware ofthe allegations againsthim. For the Respondent to argue and request this

### Complaintbe dismissed, seems unjust as the delay was caused byhim. The Administrator graciously allowed an extension oftime and amended its Notice shortlythereafter. CONCLUSION 

### The Agency believes that the Notice was timelyprovided within the statute oflimitations. However, ifYour Honor finds that the Notice did not provide enough details for the Respondent to be aware ofthe allegations against him, the Administratorbelieves there was a good cause for the delaydue to the Respondent who now seeks the Complaintbe dismissed. Based on the foregoing, the Administratorrequests that you denythe Respondent's Motion to Dismiss.

Respectively submitted this

# _j__, day ofMay, 2015. 

# D(f(f!f!J!!Its£'\ Counsel for Complainant

### CERTIFICATE OF SERVICE 

### I hereby certify that the foregoing Supplemental Response to Respondent's Motion to Dismiss was sent as follows: original and one copyvia regular mail and Federal Express to: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attention: HearingDocket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000
one copy via facsimile and Federal Express to: TheHonorableJ.E. Sullivan Administrative Law Judge Office ofHearings, M-20, Room El2-320 U.S. Department ofTransportation 1200 New Jersey Avenue, SE East Building Ground Floor Washington, DC 20590 facsimile: (202) 366-7536 one copyvia certified mail to: Wayne E. Ferrell, Jr. Law Offices ofWayne E. Ferrell, Jr. P.O. Box 2448 405 Tombigbee St. Jackson, MS 39228

# ~ ,,

# ~AM 

# ,lx£)J,/ DONNA STANLEY Legal Assistant Office ofthe Regional Counsel 

## MAY 

# = 12015 DatedU.S. Department ofTransportation Federal Aviation Administration 

## MAR 

## 26 2014 Southern Region Office ofthe Regional Counsel P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX

CERTIFIED- RETURN RECEIPT REQUESTED, FEDEX, REGULAR MAIL 2013S0950114 President Mississippi Air Express LLC 233 Clark Farms Rd. Madison, MS 39110 NOTICE OF PROPOSED CIVIL PENALTY We havereceived a report ofinvestigation which indicates that: I. Mississippi Air Express LLC ("Air Express") is now, and at all times mentioned in this document was, the holder Air Carrier Certificate Number 4MCA983M, issued under part 119 and appropriate operations specifications under 14 C.F.R. part 135 ofthe Federal Aviation Regulations. 2. At all times mentioned in this document, paragraph A449 of Air Express' operation specifications required that it comply with the requirements of 14 C.F.R. Part 120 and 49 C.F.R. part 40 for its antidrug and alcohol misuse prevention programs. 3. At all times mentioned in this document, Air Express was an employer as defined in 14 C.F.R. § 120.7(i) and 49 C.F.R. § 340.3, and as such:
a. 14 C.F.R § 120.109(a)(l) prohibited Air Express form hiring an individual for a safety-sensitive function unless Air Express first conducted a preemployment test and received a verified negative drug test result for that individual. b. 14 C.F.R 

### § 120.223(a)(l)(i) provided that Air Express must provide educational materials that explain these alcohol testing requirements and the employer's policies and procedures with respect to meeting those requirements.
c. 14 C.F.R. 

### § 120.115(b)(l) provided that Air Express' EAP education program must include at least the following elements: (i) Display and distribution ofinformational material; 

# I

GOVERNMENT 

### EXHIBIT 

# I..L(ii) Display and distribution of a community service hot-line telephone number for employee assistance; and (iii) Display and distribution ofthe employer's policy regarding drug use in the workplace. 4. The FAA's inspection ofAir Express revealed the following:
a. At all times material herein, civil aircraft N601 TE was authorized for use by Air Express in its part 135 operations. b. At all times material herein, Matthew Couch is the owner and pilot ofAir Express.
c. On or about January I, 2012, Dante Abburzzese became eligible for random drug testing. d. From on or about January 6, 2012 to June 30, 2012, Dante Abbruzzese performed the duties of a flight crewmember when he operated approximately onehundred sixty-six (166) flights.
e. On or about June I, 2012, Dante Abburzzese name appeared on Spirit's random drug testing pool list. f. Between the dates ofJanuary I, 2012 and June I, 2012, Dante Abburzzese performed the above safety-sensitive functions while he was not in the required Sprit random drug and alcohol pool. 5. Between on or about December 6, 2011 and on or about October 16, 2011, Sprit Airlines failed to follow the recommendations ofthe SAP. As a result, Air Express violated the following sections ofthe Federal Aviation Regulations (14 C.F.R.): I. Section 120.109(a)(l) in that no employer may hire any individual for a safety-sensitive function listed in 

### §120.105 unless the employer first conducts a pre-employment test and receives a verified negative drug test result for that individual. 2. Section 120.223(a)(l)(i) in that each employer shall provide educational materials that explain these alcohol testing requirements and the employer's policies and procedures with respect to meeting those requirements. 3. Section 120.115(b)(I) in that each EAP education program must include at least the following elements: (i) Display and distribution ofinformational material;(ii) Display and distribution ofa community service hot-line telephone number for employee assistance; and (iii)Display and distribution ofthe employer's policyregarding drug use in the workplace Under 49 U.S.C. Sections 46301 (a)-(d), you are subject to a civil penalty not to exceed $11,000 for each violation of the regulations. By reason ofthe foregoing facts and circumstances, we propose to assess a civil penalty in the amount of$2,200. Enclosed is information concerning your options in responding to this Notice. The options include participating in an informal conference with an FAA attorney and submission of information to the FAA for consideration. You must submit, in writing, your choice of the alternatives explained on the enclosed information form, on or before 30 days after you receive this Notice. Ifyou fail to submit your choice within that time, you will have no further right to participate in the two informal procedures listed above. RANDY ELLEN HYMAN REGIONALCOUNSEL BY: DEL TRICK H. JOHNSON Attorney Officeofthe Regional Counsel Enclosures: Information Sheet Reply Form FAR I3.16 and Subpart G ofPart 13 Information Regarding Ability To PayU.S. Postal Service"' CERTIFIED MAILn, RECEIPT **tn11m~dlr.** MRil Dnlv: No Insurance Coveraae Provided)

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< n tT1U.S. Department ofTransportation Southern Region Office ofthe Regional Counsel P.O. Box 20636 Atlanta, Georgia 30320 Federal Aviation Administration (404) 305·5200 (404) 305·5223 FAX 

# &IJIL

# .;.J.. 20J! CERTIFIED· RETURN RECEIPT REQUESTED, 2013S0950114
President Mississippi Air Express LLC 233 Clark Farms Rd. Madison, MS 39110 AMENDED NOTICE OF PROPOSED CIVIL PENALTY Wehavereceived a report ofinvestigation which indicates that: I. Mississippi Air Express LLC ("Air Express") is now, and at all times mentioned in this document was, the holder Air Carrier Certificate Number 4MCA983M, issued underpart 119 and appropriate operations specifications under 14 C.F.R. part 135 of the Federal Aviation Regulations. 2. At all times mentioned in this document, paragraph A449 ofAir Express' operation specifications required that it comply with the requirements of 14 C.F.R. Part 120 and 49 C.F.R. part 40 for its antidrug and alcohol misuse prevention programs. 3. At all times mentioned in this document, Air Express was an employer as defined in 14 C.F.R. § 120.7(i) and 49 C.F.R. §40.3, and as such:

a. 14 C.F.R § 120.109(a)(l) prohibited Air Express form hiring an individual for a safety-sensitive function unless Air Express first conducted apre-employment test and received a verified negative drug test result for that individual. b. 14 C.F.R 

### § 120.223(a)(l)(i)provided that Air Express must provide educational materials that explain these alcohol testing requirements and the employer's policies and procedures with respect to meetingthose requirements.
c. 14 C.F.R. 

### § l20.115(b)(l) provided that Air Express' EAP education program must include at least the following elements: (i) Display and distribution ofinformational material; (ii) Display and distribution ofa community service hot-tine telephone number for employee assistance; and(iii) Display and distribution ofthe employer's policy regarding druguse in the workplace. 4. The FAA's inspection ofAir Express revealed the following:
a. At all times material herein, civil aircraft N601TE was authorized for use by Air Express in its part 135 operations. b. At all times material herein, Matthew Couch is the owner and pilot ofAir Express.
c. On or about June 20, 2012, Matthew Couch applied for employment with Air Express. d. On or about June 20, 2012, Matthew Couch was hired for a safety-sensitive function with AirExpress.
e. Matthew Couch conducted the following part 135 flights:
1. On orabout January 20, 2012, Couch flew from KMBO to KUOX and KUOX to KMBO for Key Construction.
11. On orabout January 21, 2012, Couch flew from KMBO to KORG for Key Construction.
111. On orabout January 22, 2012, Couch flew from KORG to KMBO for Key Construction. f. On or about June 20, 2012, Matthew Couch, prior to nor at the time he was hired, did not complete a Department ofTransportation (DOT) pre-employment drug test. g. On or about June 20,2012, Matthew Couch, prior to nor at the time he was hired, was not provided educational materials that explained the alcohol testing requirements and the employer's policies and procedures with respect to meeting those requirements from Air Express. h. Air Express did not have the minimum requirements ofan EAP program pursuant to 14 C.F.R. 

### § 120.115(b)(l).
As a result, Air Express violated the following sections ofthe Federal Aviation Regulations (14 C.F.R.):I. Section 120.109(a)(l) in that no employer may hire any individual for a safety-sensitive function listed in 

### §120.105 unless the employer first conducts a pre-employment test and receives a verified negative drug test result for that individual. 2. Section 120.223(a)(l)(i) in that each employer shall provide educational materials that explain these alcohol testing requirements and the employer's policies and procedures with respect to meeting those requirements. 3. Section 120.115(b)(l) in that each EAP education program must include at least the following elements: (i) Display and distribution ofinformational material; (ii) Display and distribution ofa community service hot-line telephone number for employee assistance; and (iii) Display and distribution ofthe employer's policy regarding drug use in the workplace Under49 U.S.C. Sections 46301 (a)-(d), you are subject to acivil penalty not to exceed $11,000 for each violation ofthe regulations. By reason ofthe foregoing facts and circumstances, we proposeto assess a civil penaltyin the amount of$2,200. Enclosed is information concerning your options in responding to this Notice. The options include participating in an informal conference with an FAA attorney and submission of information to the FAA for consideration. You must submit, in writing, your choice ofthe alternatives explained on the enclosed information form, on orbefore 30 days after you receive this Notice. Ifyou fail to submit your choice within that time, you will have no further right to participate in the two informal procedures listed above. RANDY ELLEN HYMAN REGIONAL COUNSEL Attorney Office ofthe Regional Counsel Enclosures: Information Sheet Reply Form FAR 13.16 and Subpart G ofPart 13 Information Regarding Ability To Pay

### President 

# £__~~ Iherebycertifythatthefore · f\ 

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### LLc 233 ClarkFannsRd. Madison, Ms39J10 

### LawOfficesof

### WaYneE. Ferre/f,

### Jr. P.o. Bo)(24448 

### 405 TombigbeeSt. Jackson,Ms39228-4448



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### NO\' 12 ;· Southern Region Office ofthe Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED & REGULAR MAIL President Mississippi Air Express LLC 233 Clark Farms Rd. Madison, MS 39110 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX
20I3S0950114

FINAL NOTICE OFPROPOSED CIVIL PENALTY On July 7, 2014, you were advised through a Amended Notice ofProposed Civil Penaltythat the FAA proposed to assess a civil penalty in the amount of$2,200. After considering all the evidencein this matter, it appears that: I. A Mississippi Air Express LLC ("Air Express") is now, and at all times mentioned in this document was, the holder Air CarrierCertificate Number4MCA983M, issued underpart 119 and appropriate operations specifications under 14 C.F.R. part 135 of the Federal Aviation Regulations. 2. At all times mentioned in this document, paragraph A449 ofAir Express' operation specifications required that it comply with the requirements of 14 C.F.R. Part 120 and 49 C.F.R. part 40 for its antidrug and alcohol misuse preventionprograms. 3. At all times mentioned in this document, Air Express was an employer as defined in 14 C.F.R. § 120.7(i) and 49 C.F.R. §40.3, and as such:

a. 14 C.F.R 

### § 120.109(a)(l) prohibited AirExpress form hiring an individual for a safety-sensitive function unless Air Express first conducted a pre-employment test and received a verified negative drug test result for that individual. b. 14 C.F.R 

### § 120.223(a)(l)(i) provided that Air Express must provide educational materials that explain these alcohol testing requirements and the employer's policies and procedures with respect to meetingthose requirements.
c. 14 C.F.R. 

### § 120.115(b)(l)provided that Air Express' EAP education program must include at least the following elements: (i) Display and distribution ofinformational material;(ii) Display and distribution ofa community servicehot-tine telephone number for employee assistance; and (iii) Display and distribution ofthe employer's policyregarding drug use in the workplace. 4. The FAA's inspection ofAir Express revealed the following:
a. At all times material herein, civil aircraft N601TE was authorized for use by Air Express in its part 135 operations. b. At all times material herein, Matthew Couch is the owner and pilot ofAir Express.
c. On orabout June 20, 2012, Matthew Couch applied for employment with Air Express. d. On or about June 20, 2012, Matthew Couch was hired for a safety-sensitive function with Air Express.
e. Matthew Couch conducted the following part 135 flights:
1. On orabout January 20, 2012, Couch flew from KMBO to KUOX and KUOX to KMBO for Key Construction.
11. On orabout January 21, 2012, Couch flew from KMBO to KORG for Key Construction. 111. On orabout January 22, 2012, Couch flew from KORG to KMBO for Key Construction. f. On or about June 20, 2012, Matthew Couch, prior to nor at the time he was hired, did not complete a Department ofTransportation (DOT) pre-employment drug test. g. On orabout June 20, 2012, Matthew Couch, prior to nor at the time he was hired, was not provided educational materials that explained the alcohol testing requirements and the employer's policies and procedures with respect to meeting those requirements from Air Express. h. Air Express did not have the minimum requirements ofan EAP program pursuant to 14 C.F.R. § l20.ll5(b)(l).

### 5. As a result, you violated the following sections of the Federal Aviation Regulations: Under 49 U.S.C. Sections 4630\(a)-(d), you are subject to a civil penalty not to exceed $1,100 for each ofthe violations noted. By reason ofthe foregoing facts and circumstances, we propose to assess a civil penalty in the amount of$2,200. Unless you mail or personally deliver, in writing, your request for a hearing in this matter, on or before fifteen (15) days after you receive this Final Notice, we will issue an Order Assessing Civil Penalty and you will have no further right to a hearing. Ifyou do not submit a written request for ahearing, you must paythe proposed civil penalty. Your request for a hearing must be sent to the Federal Aviation Administration, 

### 600 Independence Avenue SW, Wilbur Wright Building, Suite 2WIOOO, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 (ifdelivery is in person or via expedited courier service) or Federal Aviation Administration, 

### 800 Independence Avenue SW, Wilbur Wright Building, Suite 2WIOOO, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 (ifdelivery is via U.S. 

### Mail), and a copy must be sent to the undersigned FAA attorney. Your request must be dated and signed, in accordance with section \3.16 ofthe Federal Aviation Regulations, sent to you withthe Notice ofProposed Civil Penalty(14C.F.R. §

### 13.16). You maypay the proposed penaltyby submitting acertified check or moneyorder payable to the "Federal Aviation Administration" to the undersigned. RANDY ELLEN HYMAN REGIONAL COUNSEL BY: DEL Attorney Office ofthe Regional Counsel

# ' CERTIFICATE OFSERVICE 

### I hereby certify that the foregoing Final Notice ofProposed Civil Penalty has been mailed by CertifiedMail & 

### Regular Mail to: President Mississippi AirExpress LLC 233 Clark FarmsRd. Madison,

### MS 39110 Law 

### Offices ofWayne E. 

### Ferrell,Jr. P.O. Box 24448 405Tombigbee St. Jackson, 

### MS 39228-4448


# ~Jn)sT~~tOK\OIA1 Legal Assistant 

# (\-
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### A~ Fee 

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## DEC 5 201f Southern Region Office ofthe Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2WI000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Re: In the Matter ofMississippi Air Express LLC FAA Case No. 2013S0950114 

# o FILl:.

P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX

Enclosed herewith please find a copy ofa request for hearing and the original and onecopy of the Complaint in the above-referenced proceeding. The FAA requests that the hearing in this matter beheld in the Jackson, Mississippi area, and expects that the hearing will last two days. Please address all communications for the FAA to the undersigned, at: Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 Columbia Avenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely,
Attorney Office ofthe Regional Counsel Enclosures

### LAW OFFICES OF WAYNE E. FERRELL, JR., 

### PLLC 405 Tombigbee Street (392f11)

WEB PAGE \'.'\\'W.atriawonIine.com



### Via Facsimile 404-305-5223 Mr. Deitrick H. Johnson Office ofRegional Counsel Southern Region Post Office Box 24448 Jackson, Mississippi 39225-4448 Telephone 601969.4700 Fax 601.969.7514 MASTER OF LAWS, L.L.M. AVIATION & SPACE LAW April 25, 2014

Federal Aviation Administration P. 0. Box 20636 Atlanta, GA 30320 Re: Mississippi Air Express, LLC
Dear Mr. Johnson: EMAIL wferrell@air 1 awonI ine.com



### ,, 'il 

## 2 9 2C:-

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Ihave been retained by Mississippi Air Express, LLC to represent it on several matters, one ofwhich is your letter to Mississippi Air Express, LLC dated March 26,2014. Please send and direct all future correspondence to or concerning Mississippi Air Express to me at the above address. I request an extension of45 days from the date ofthis letter to respond to your March 26, 2014, letter and for Mississippi Air Express, LLC to produce evidence or statements regarding this matter. Ifyou have any questions please feel free to call me. Sincerely,



# 4c?~_d'

Wayne E. Ferrell, 

### Jr. WEFjr:dc


### Government 

### Exhibit 

# 5

### LAW OFFICES OF WAYNE E. FERRELL, JR., 

### PLLC 405 Tombigbee Street (39201) Post Office Box 24448 Jackson, Mississippi 39225-4448 Telephone 601.969.4700
WEB PAGE \lr'WW.airlawonline.com Fax 601.969.7514 MASTER OF LAWS, L.L.M. AVIATION & SPACE LAW
June 13,2014 Via Facsimile 404-305-5223 andRegularMail Mr. Deitrick H. Johnson Office ofRegional Counsel Southern Region Federal Aviation Administration P. 

### 0. Box 20636 Atlanta, GA 30320 Tiffany McDowell, Legal Assistant Office ofRegional Counsel Southern Region Federal Aviation Administration P. 0. Box 20636 Atlanta, GA 30320 Re: Mississippi Air Express, LLC Cause Number 2013 So 950114 Dear Mr. Johnson and Ms. McDowell: EMAIL wferrell@.airla wonline.com

I have been retained by Mississippi Air Express, LLC to represent them on a couple of matters, one ofwhich involves your letter or notice ofproposed civil penalty dated March 22, 2014. Your notice ofproposed penalty to Mississippi Air Express, LLC apparently has been submitted in error based upon the following facts: 1. Mississippi Air Express, LLC's air certificate was not made effective until June 19, 2012. A copy ofthe air certificate is attachedhereto as Exhibit "A" and incorporatedherein byreference. 2. Mississippi Air Express, LLC was not formed until 2011. A copy ofthe 

### Government 

### ExhibitJune 13.2014 Page 2 Certificate ofFormation is attached hereto as Exhibit '·B" and incorporated herein by reference 3. Mr. Dante Abburzzese is not and has never been an employee ofMississippi Air Express, LLC. In fact Mississippi Air Express. LLC has only one employee and that is its pilot and president, Matthew A Couch. 4. Matthew A. Couch has, as the only employee ofMississippi Air Express, LLC, submittedto a alcohol and drug test on or about February I, 2013, and passed that test. A copy ofthe lab results is attached hereto as Exhibit "C" and incorporated herein by reference. 5. In the letter dated March 22, 2014, to Mississippi Air Express, LLC, there are continuing references to Donte Abburzzese, who has never worked for Mississippi Air Express, LLC and references to Spirit Airlines random drug testing pool list and drug testing program. Apparently there is some confusion and it is my beliefthat your notice ofproposed civil penalty should be addressed to Spirit Airlines rather than Mississippi Air Express, LLC. 6. Mississippi Air Express, LLC conducted a pre-employment test for its only employee, its president and its owner, Matthew Couch. 7. Mississippi Air Express, LLC received a veritied negative drug test for Matthew Couch. 8. Mississippi Air Express, LLC provided educational materials and explained alcohol testing requirements and the employer's policies and procedures with respect to meeting those requirements. 9. Mississippi Air Express, LLC's educational program included at least the following elements:
a. display and distribution ofinformational materials b. display and distribution ofa community service hot-line telephone number for employee assistance;June 13, 2014 Page 3
c. display and distribution ofemployer's policy regarding drug use in the workplace l0. Other items to be designated at the informal conference and/or at the hearing if that becomes necessary: Mississippi Air Express, LLC believes that when my (Wayne E. Ferrell, Jr)letter is received and reviewed the FAA Regional Counsel will see that its Notice ofProposed Civil Penalty is directed to the wrong company and should be directed to Spirit Airlines rather than Mississippi Air Express, LLC. Ifyou have any questions please feel free to call me. Sincerely,



# 4~~ Wayne E. Ferrell, Jr WEFjr:dc cc: Mississippi Air Express, LLCUS Department ofTransportation Federal Aviation Administration 

# Air Carrier Certificate This certifies that MISSISSIPPI AIR EXPRESS, LLC 233 CLARK FARMS 

### ROAD MADISON, MISSISSIPPI 39110 has metthe requirements ofthe Federal Aviation Act of 1958, as amended, and the rules, regulations, and standards prescribed thereunder for the issuance ofthis certificate and is hereby authorized to operate as an air carrier and conduct common carriage operations in accordance with said Act and the rules, regulations, and standards prescribed thereunder and the terms, conditions, and limitations contained in the approved operations specifications.
This certificate is not transferable and, unless sooner surrendered,**su~lilended,** or revoked, shall continue in effect indefinitely. · ·.

Certificate number: 4MCA983M Effective Date: 06/19/2012 Issued at: __**.."J~Ae::CK~S::;O~Nc.c,_.M~So___**

FAA Fonn 6430-18 (6--87) EM!clroric Forms (PDf) By Direction ofthe Administrator

CHARLES 0. PETERS (Signature) MANAGER

(Trtle) SOUTHWEST REGION, FSD0-31 (Region/Office)



## EXHIBIT 

# I 

# A

### 11 F0100' Page 1of2 OFFICEOFTHE SECRETARYOFSTATE P 0 BOX 136, JACKSON, MS 39205-0136 (601)359-1633

Theundersigned hereby executes the

## to!lowing docwnent and sets forth: 

## AUG 1 72{]11 (fields markedwithan asterisks are required) 

## BU8INES8S1f1MCE8

**~OfS'OO'E** l.Name ofthe Limited Liability Company: (Thename mustincludethe words "Limited

### Lii'OlffiY

**Co~mpany"** orthe abbreviation "LLC" or "L.L.C.") ¢ •

# I MississippiAirExpress, LLC 2. The future effective date isiS/1/ZOil 

# I msairexpress@yahoo.com (Complete ifApplicable)

**L~**____ _jBusmess Email Address:___________ _ 3. FederalTa.x ID ifavailable (Do not putSocial SecurityNumberin tbe box)

4. Name andStreetAddress ofthe RegisteredAgent andRegistered Office is (mustbe in Mississippi)
¢ *Name !MatthewCouch



# ~
¢ 

# ·~=1233ClarkFannsRd
¢

**P~O.Box** *City !Madison 

# I 

# EJ

**L-,139=-1-=-10--=-.,....---~** • State +Zip5-Zlp4 

# I I

5. IftheLimitedLiabilityCompanyis to havea specific date ofdissolution,thelatestdate uponwhich the Limited LiabilityCompanyis to dissolve is



# ¢'~**~~~-----~~~~----.~------~~~~** 6. IsfuU orpartialmanagementoftheLimited LiabilityCompanyvested ina managerormanagers?(MarkAppropriate box) ¢* 7. Othermatters themanagers ormembers elect to include: (Attach additional pages ifnecessary)

Rev. 04/2009 I of2 

### EXHIBIT 

# I (b

### 11 FOlOO · Page 2 of2 

## omCE OFTHESECRETARYOFSTATE P 0 BOX 136, JACKSON, MS 39205-0136 (601)359-1633 

### CertificateofFormation 8. Signatures: This certificate mustbe signed by atleast one member, manager, ororganizer. (Ifsigned by "manager"box 6 on pageone 1should be marked "yes".) Thename, title, and address ofeach signershould be included inthespaces indicated. This page may be duplicated for additional signatures. *PrintedName 'MatthewCouch 

# .I* Title,ro-wu-. -e-r----------,

Street

### and Mailing Address

**~--------------------------------------------------~**



# ~ *Physical 1233 

### ClarkFarms Road Address [

**~** 

### P.O.Box

**~** • City



### PrintedName

# ;::=================~TitleLI_______ __j 

### "'' Sigruorure

# I f•=""

**'""~**,;•m



# "~"'l
Street

### and

.MailingAddress

**~** 

### Physical Address ¢ 

### P.O.Box

**~** City 

### Rev. 04/2009 

# 01 I State Zip5
- Zip4 2of2Administrator's Supplemental Response Respondent's Motion to Dismiss, Government Exhibit 6, Exhibit C Is located atthe FAA Hearing Docket, 600 Independence Avenue, SW, Washington, DC 20591
Exhibit Cto Government Exhibit 6, attached tothe Administrator's Supplemental Response to Respondent's Motion to Dismiss Is NOT available for public disclosure as per Judge Sullivan's instructions, and her orderdated February 25, 2015.