> .. 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D. C. 

IN THE MATTER OF: DOCKET NO. FAA-2014-0866 

MISSISSIPPI AIR EXPRESS, 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. The Administrator submits that the 

Motion should be denied, and in support thereof states the following: 

FACTS 

On or about January 30, 2013, the Federal Aviation Administration (FAA), conducted an 

inspection of the Respondent's Antidrug and Alcohol Misuse Prevention Program. During the 

investigation the FAA became aware of the following: 

I. Civil aircraft N601TE was authorized for use by the Respondent in its part 135 

operations; 

2. Matthew Couch is 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 of Transportation (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 behalf of the Administrator, on or about July 7, 

2014, the Administrator issued an Amended Notice of Proposed Civil Penalty (Amended Notice) 

clearly outlining the facts above. (Exhibit 2) On or about November 18, 2014, the Administrator 

issued the Final Notice of Proposed Civil Penalty (FNPCP). (Exhibit 3) On or about December 

5, 2014, following notice of the appeal, the Administrator filled his Complaint. (Exhibit 4) 

ARGUMENT 

Respondent argues that the Administrator did not properly provide Notice of the 

allegations against the Respondent due to clerical errors. Further, he argues that the 

Administrator has not timely sought prosecution for the actions alleged in the FNPCP. These 

arguments are unfounded and the Respondent's Motion to Dismiss should be denied due to the 

following: 

I. The Administrator Made His Allegations Clear in the Notice 

On or about March 26, 2014, the Administrator issued the Notice. (Exhibit I). The 

Notice was sufficient to make the Respondent aware of the allegations against him. The Notice 

outlined: 

1. The Respondent's name; 

2. The Respondent's Air Carrier Certificate Number; 

3. The regulations the Respondent is required to follow; 

4. The aircraft authorized for use by the 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 a pre-employment test and receiving negative 

drug result; 

2. Under 14 C.F.R. 120.223 in that each employer must provide educational materials 

that explain alcohol testing requirements; and, 

3. Under 14 C.F.R. 120.115 in that each EAP program must include three components. 

Based on these alleged violations, the information provided in the Notice is sufficient. 

II. The Administrator Had Good Cause for the Amended Notice 

On April25, 2014, Respondent's Counsel sent a letter to the Administrator requesting "an 

extension of 45 days from the date of this letter to respond to your March 26, 2014, letter and for 

Mississippi Air Express, LLC to produce evidence or statements regarding this matter." (Exhibit 

5). Based on this 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 

Respondent provided his response to the Notice. (Exhibit 6). Based on the facts and errors 

highlighted in the response, on July 7, 2014 the Administrator issued an Amended Notice of 

Proposed Civil Penalty. The Amended Notice merely provided additional clarification of the 

facts alleged by the Respondent. The Respondent's response makes it clear that the Respondent 

was aware of the allegations against him. For the Respondent to argue and request this 
Complaint be dismissed, seems unjust as the delay was caused by him. The Administrator 

graciously allowed an extension of time and amended its Notice shortly thereafter. 

CONCLUSION 

The Agency believes that the Notice was timely provided within the statute oflimitations. 

However, if Your Honor finds that the Notice did not provide enough details for the Respondent 

to be aware of the allegations against him, the Administrator believes there was a good cause for 

the delay due to the Respondent who now seeks the Complaint be dismissed. Based on the 

foregoing, the Administrator requests that you deny the Respondent's Motion to Dismiss. 

Respectively submitted this _j__, day of May, 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 copy via regular mail and Federal Express to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

one copy via facsimile and Federal Express to: 

The Honorable J.E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20, Room El2-320 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

East Building Ground Floor 

Washington, DC 20590 

facsimile: (202) 366-7536 

one copy via certified mail to: 

Wayne E. Ferrell, Jr. 

Law Offices of Wayne E. Ferrell, Jr. 

P.O. Box 2448 

405 Tombigbee St. 

Jackson, MS 39228 

~ ,, ~AM ,lx£)J,/ 

DONNA STANLEY 

Legal Assistant 

Office of the Regional Counsel 

MAY = 1 2015 

Dated 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

MAR 2 6 2014 

Southern Reg ion 

Office of the Regional Counsel 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

CERTIFIED- RETURN RECEIPT REQUESTED, 

FED EX, REGULAR MAIL 

2013S0950114 

President 

Mississippi Air Express LLC 

233 Clark Farms Rd. 

Madison, MS 39110 

NOTICE OF PROPOSED CIVIL PENALTY 

We have received a report of investigation 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 of the 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 § 120.1 09(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 of informational 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 of the employer's policy regarding 

drug use in the workplace. 

4. The FAA's inspection of Air 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 of Air 

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 one hundred 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 of January 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 of the SAP. 

As a result, Air Express violated the following sections of the 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 of informational material; 
(ii) Display and distribution of a community service hot-line telephone number for employee 

assistance; and 

(iii)Display and distribution of the employer's policy regarding 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 of the 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. If you 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 

BY: 

DEL TRICK H. JOHNSON 

Attorney 

Office of the Regional Counsel 

Enclosures: Information Sheet 

Reply Form 

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U.S. Department 

of Transportation 

Southern Region 

Office of the Regional Counsel 

P.O. Box 20636 

Atlanta, Georgia 30320 

Federal Aviation 

Administration 

( 404) 305·5200 

(404) 305·5223 FAX 

&IJI L .;.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 

We have received a report of investigation 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 of 

the 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. § 40.3, and as such: 

a. 14 C.F.R § 120.1 09(a)(l) prohibited Air Express 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 meeting those 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 of informational material; 

(ii) Display and distribution of a community service hot-tine telephone 

number for employee assistance; and 
(iii) Display and distribution of the employer's policy regarding drug use 

in the workplace. 

4. The FAA's inspection of Air 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 of Air 

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 Air Express. 

e. Matthew Couch conducted the following part 135 flights: 

1. On or about January 20, 2012, Couch flew from KMBO to KUOX and 

KUOX to KMBO for Key Construction. 

11. On or about January 21, 2012, Couch flew from KMBO to KORG for Key 

Construction. 

111. On or about 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 of Transportation (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 of an EAP program 

pursuant to 14 C.F.R. § 120.115(b)(l). 

As a result, Air Express violated the following sections of the Federal Aviation Regulations ( 14 

C.F.R.): 
I. Section 120.1 09(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 of informational material; 

(ii) Display and distribution of a community service hot-line telephone 

number for employee assistance; and 

(iii) Display and distribution of the employer's policy regarding 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 of the 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. If you 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 of the Regional Counsel 

Enclosures: Information Sheet 

Reply Form 

FAR 13.16 and Subpart G of Part 13 

Information Regarding Ability To Pay 
President 

£__~~ 

I hereby certify that the fore · f\ d N . 

"rtifioJ m,i I Md "&<>/" m,r:;:g moo oJ "''" "fpmp,,od Po,,hy 4Utt b, &,, ''"' by 

Mississippi Air t)(press LLc 

233 Clark Fanns Rd. 

Madison, Ms 39J 10 

Law Offices of WaYne E. Ferre/f, Jr. 

P.o. Bo)( 24448 

405 Tombigbee St. 

Jackson, Ms 39228-4448 

U.S. PostaEI ~e~~rl. 

RECEI~!ProvtaedJ 

ERTIFI. . No Insurance Covera 

PS f=orm 

• 

st 2006 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

NO\' 1 2 ;· 

Southern Region 

Office of the 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 

20I 3S0950114 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On July 7, 2014, you were advised through a Amended Notice of Proposed Civil Penalty that the 

FAA proposed to assess a civil penalty in the amount of $2,200. 

After considering all the evidence in 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 Carrier Certificate Number 4MCA983M, issued 

under part 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 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. § 40.3, and as such: 

a. 14 C.F.R § 120.1 09(a)(l) prohibited Air Express 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 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 of informational material; 
(ii) Display and distribution of a community service hot-tine telephone 

number for employee assistance; and 

(iii) Display and distribution of the employer's policy regarding drug use 

in the workplace. 

4. The FAA's inspection of Air 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 of Air 

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 Air Express. 

e. Matthew Couch conducted the following part 135 flights: 

1. On or about January 20, 2012, Couch flew from KMBO to KUOX and 

KUOX to KMBO for Key Construction. 

11. On or about January 21, 2012, Couch flew from KMBO to KORG for Key 

Construction. 

111. On or about 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 of Transportation (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 of an 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 of the violations noted. By reason of the 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. If you do not submit a written 

request for a hearing, you must pay the 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 (if delivery 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 

(if delivery 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 of the Federal Aviation 

Regulations, sent to you with the Notice of Proposed Civil Penalty (14 C.F.R. § 13.16). 

You may pay the proposed penalty by submitting a certified check or money order payable to the 

"Federal Aviation Administration" to the undersigned. 

RANDY ELLEN HYMAN 

REGIONAL COUNSEL 

BY: 

DEL 

Attorney 

Office of the Regional Counsel 
' 

CERTIFICATE OF SERVICE 

I hereby certify 

Certified Mail & 

that 

Regular 

the foregoing Final Notice of Proposed Civil Penalty has been mailed by 

Mail to: 

President 

Mississippi Air Express LLC 

233 Clark Farms Rd. 

Madison, MS 39110 

Law Offices of Wayne E. Ferrell, Jr. 

P.O. Box 24448 

405 Tombigbee St. 

Jackson, MS 39228-4448 

~Jn)sT~~tOK\OIA1 

Legal Assistant 

(\- \~-1'+ 

Dated 

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n 

IT 

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Certltied Fee 

Rerum A~ Fee r----_j (EndorsefM!lt Requi~ 

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orm aoo, August zoos 

p-Here 

See Reverse lor rnstr 
U.S. Department 

ofT ransportation 

Federal Aviation 

Administration 

DEC 5 201f 

Southern Region 

Office of the Regional Counsel 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2WI 000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Mississippi 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 of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held 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 of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

Attorney 

Office of the Regional Counsel 

Enclosures 
LAW OFFICES OF 

WAYNE E. FERRELL, JR., PLLC 

405 Tombigbee Street (392f11) 

WEB PAGE 

\'.'\\'W. atria won I ine .com 

Via Facsimile 404-305-5223 

Mr. Deitrick H. Johnson 

Office of Regional 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 

wferre ll@a i r 1 a won I ine. com 

,, 'il 2 9 2C :-

·, \ L., ~ 

I 

I have been retained by Mississippi Air Express, LLC to represent it on several matters, 

one of which 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 of 45 days from the date of this letter to respond to your March 26, 

2014, letter and for Mississippi Air Express, LLC to produce evidence or statements regarding 

this matter. 

If you 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 .airlawon line.com 

Fax 601.969.7514 

MASTER OF LAWS, L.L.M. 

AVIATION & SPACE LAW 

June 13,2014 

Via Facsimile 404-305-5223 

and Regular Mail 

Mr. Deitrick H. Johnson 

Office of Regional Counsel 

Southern Region 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

Tiffany McDowell, Legal Assistant 

Office of Regional 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 

wferre ll@.airl a won line. com 

I have been retained by Mississippi Air Express, LLC to represent them on a couple of 

matters, one of which involves your letter or notice of proposed civil penalty dated March 22, 

2014. Your notice of proposed 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 of the air certificate is attached hereto as Exhibit "A" and incorporated herein 

by reference. 

2. Mississippi Air Express, LLC was not formed until 2011. A copy of the 

Government 

Exhibit 
June 13.2014 

Page 2 

Certificate of Formation is attached hereto as Exhibit '·B" and incorporated herein by reference 

3. Mr. Dante Abburzzese is not and has never been an employee of Mississippi 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 of Mississippi Air Express, LLC, 

submitted to a alcohol and drug test on or about February I, 2013, and passed that test. A copy 

of the 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 belief that your notice of proposed 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 veri tied 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 of informational materials 

b. display and distribution of a community service hot-line telephone number 

for employee assistance; 
June 13, 2014 

Page 3 

c. display and distribution of employer's policy regarding drug use in the 

workplace 

l 0. 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 of Proposed Civil 

Penalty is directed to the wrong company and should be directed to Spirit Airlines rather than 

Mississippi Air Express, LLC. 

If you have any questions please feel free to call me. 

Sincerely, 

Wayne 

4~~ E. Ferrell, Jr 

WEFjr:dc 

cc: Mississippi Air Express, LLC 
US Department 

of Transportation 

Federal Aviation 

Administration 

Air Carrier Certificate 

This certifies that 

MISSISSIPPI AIR EXPRESS, LLC 

233 CLARK FARMS ROAD 

MADISON, MISSISSIPPI 39110 

has met the requirements of the Federal Aviation Act of 1958, as amended, and the rules, 

regulations, and standards prescribed thereunder for the issuance of this 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 of the Administrator 

CHARLES 0. PETERS 

(Signature) 

MANAGER 

(Trtle) 

SOUTHWEST REGION, FSD0-31 

(Region/Office) 

EXHIBIT 

I A 
11 F0100' Page 1 of2 OFFICE OF THE SECRETARY OF STATE 

P 0 BOX 136, JACKSON, MS 39205-0136 

(601)359-1633 

The undersigned hereby executes the to !lowing docwnent and sets forth: AUG 1 7 2{] 11 

(fields marked with an asterisks are required) BU8INES8 S1f1MCE8 

~OfS'OO'E l. Name of the Limited Liability Company: (The name must include the words "Limited Lii'OlffiY Co~mpany" or the 

abbreviation "LLC" or "L.L.C.") 

¢ • I Mississippi Air Express, LLC 

2. The future effective date isiS/1/ZOil I msairexpress@yahoo.com 

(Complete if Applicable) L~ ____ _jBusmess Email Address: ___________ _ 

3. Federal Ta.x ID if available (Do not put Social Security Number in tbe box) 

4. Name and Street Address of the Registered Agent and Registered Office is (must be in Mississippi) 

¢ *Name !Matthew Couch ~ 

¢ ·~=1233ClarkFannsRd 

¢ P~O.Box 

*City !Madison I 

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

I 

I 

5. If the Limited Liability Company is to have a specific date of dissolution, the latest date upon which the Limited 

Liability Company is to dissolve is 

6. ¢'~ Is ~~~-----~~~~----.~------~~~~ fuU or partial management of the Limited Liability Company vested in a manager or managers? (Mark Appropriate 

box) 

¢* 

7. Other matters the managers or members elect to include: (Attach additional pages if necessary) 

Rev. 04/2009 I of2 

EXHIBIT 

I (b 
11 FOlOO · Page 2 of2 omCE OF THE SECRETARY OF STATE 

P 0 BOX 136, JACKSON, MS 39205-0136 

(601)359-1633 

Certificate of Formation 

8. Signatures: This certificate must be signed by at least one member, manager, or organizer. (If signed by 

"manager" box 6 on page one 1 should be marked "yes".) The name, title, and address of each signer should be 

included in the spaces indicated. This page may be duplicated for additional signatures. 

*Printed Name 'Matthew Couch .I* Title,ro-wu-. -e-r ----------, 

Street and 

Mailing Address 

~--------------------------------------------------~ 

~ * Physical 1233 Clark Farms Road 

Address [ 

~ P.O.Box 

~ • City 

Printed Name ;::=================~TitleLI _______ __j 

"'' Sigruorure I f•= "" '""~ ,;•m "~"' l 

Street and 

. Mailing Address 

~ Physical 

Address 

¢ P.O.Box 

~ City 

Rev. 04/2009 

01 I 

State Zip5 - Zip4 

2of2 
Administrator's Supplemental Response Respondent's Motion to Dismiss, 

Government Exhibit 6, 

Exhibit C 

Is located at the FAA Hearing Docket, 

600 Independence Avenue, SW, 

Washington, DC 20591 

Exhibit C to Government Exhibit 6, attached to the 

Administrator's Supplemental Response to Respondent's Motion to Dismiss 

Is NOT available for public disclosure as per 

Judge Sullivan's instructions, and her order dated February 25, 2015.