U.S. Department 

of Transportation 

Federal Aviation 

Administration 

lfEC ' !5 

Southern Region 

Office of the Regional Counsel 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Mississippi Air Express LLC 

FAA Case No. 2013S0950114 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

RECEIVED 

DEC 1 0 2014 

HEARING DOCKET 

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 (39201) 

Post Office Box 24448 

Jackson, Mississippi 39225-4448 

Telephone: 601.969.4700 

WEB PAGE 

W\V\V.airlawonline.com 

Fax: 601.969.7514 

MASTER OF LAWS, L.L.M. 

AVIATION & SPACE LAW 

November 26, 2014 

Certified Mail 

Return Receipt Requested 

ATTN: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

800 Independence Avenue SW 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

600 Independence A venue SW 

Wilbur Wright Building, Suite 2W1 000 

Washington, DC 20591 

Mr. Deitrick H. Johnson 

Office of Regional Counsel 

Southem Region 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

Re: Mississippi Air Express, LLC 

Cause Number 2013 SO 950114 

Gentlemen: 

EMAIL: 

wferrell@airlawonline.com 

I represent Mississippi Air Express, LLC and Matthew Couch, to the extent he is 

involved, to respond and/or defend against the Final Notice of Proposed Civil Penally which was 

dated November 18,2014, and received in my office on November 25, 2014. My letter is a 

request for hearing on the Final Notice of Proposed Civil Penalty and the allegations alleged 

therein. Also, please consider this our request that the hearing be held in the First Judicial 

District of Hinds County, Mississippi in either the State or Federal Court located in downtown 

Jackson, Mississippi. 

If you have any questions please feel free to call me. 
November 26 2014 

Page 2 ' 

;Yl~ MatthewCouch 

Memb 

Mrssrssippi . . er and A" 

Preside ' 

, 

~ 

nt, rr Express, LLC 

WEFjr:dc 

cc: Mississippi Ai r E xprcss, LLC 
UNITED STATES OF AMERICA 

NATIONAL TRANSPORTATION SAFETY BOARD 

WASHINGTON, D.C. 

FEDERAL AVIATION ADMINISTRATION 

V. NO. ______________ __ 

MISSISSIPPI AIR EXPRESS, LLC 

REQUEST FOR HEARING 

Mississippi Air Express, LLC files this its Request for Hearing as follows: 

Mississippi Air Express requests a hearing on the Final Notice of Proposed Civil Penalty. 

Respectfully submitted, this the 26'h day of November, 2014. 

OF COUNSEL: 

WAYNE E. FERRELL, JR. 

Mississippi Bar No. 5182 

Attorney at Law 

J14~~ Matthew Couch, 

Member and President, 

Mississippi Air Express, LLC 

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

405 Tornbigbee Street 

Post Office Box 24448 

Jackson, Mississippi 39225-4448 

(601) 969-4700 
CERTIFICATE OF SERVICE 

I, Wayne E. Ferrell, do hereby certify that I have this day mailed (via United States Mail, 

postage prepaid, Certified Mail, Retnrn Receipt Requested) a true and correct copy of the above 

and foregoing document to the following: 

ATTN: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

800 Independence Avenue SW 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

600 Independence Avenue SW 

Wilbur Wright Building, Suite 2W1 000 

Washington, DC 20591 

Mr. Deitrick H. Johnson 

Office of Regional Counsel 

Southern Region 

Federal Aviation Administration 

P. 0. Box 20636 

Atlanta, GA 30320 

This the 2{;t" day of November, 2014. 

WAYNE E FERRELL, JR. 

2 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Mississippi Air Express LLC 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as follows: 

I. 

1. On November 18, 2014, Respondent, Mississippi Air Express LLC was advised 

through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty 

in the amount of $2,200. On December I, 2014, the Agency Attorney received a written request 

for a hearing from the Respondent. 

II. 

1. 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 

underpart 119 and appropriate operations specifications under 14 C.P.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.P.R. Part 120 and 

49 C.P.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 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-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 13 5 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. 

b. Air Express did not have the minimum requirements of an EAP program 

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

III. 

5. By reason of the foregoing facts and circumstances, Respondent violated the 

following sections of the Federal Aviation Regulations: 

1. 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 preemployment 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 

Pursuant to 49 U.S. C. Sections 46301(a)-(d), Respondent is subject to a civil penalty not 

to exceed $1,100 for each of the violations alleged. 

Under the facts and circumstances of this case, a civil penalty of $2,200 is appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $2,200. 

Respectfully submitted this IJW day of December, 2014. 

Attorney 

Office ofthe Regional Counsel 
PLEASE NOTE: 

Pursuant to Title 14 CPR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

President 

Mississippi Air Express LLC 

233 Clark Farms Rd. 

Madison, MS 39110 

Wayne E. Ferrell, Esq. 

Law Offices of Wayne E. Ferrell, Jr. 

P.O. Box 24448 

405 Tombigbee St. 

Jackson, MS 39228-4448 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Jj~a.~ t DONNA E. s NLE 

Legal Assistant 

DEC ' '· 5 2014' 

Dated 

(original + 1 copy)