U.S. Department ofTransportation Federal Aviation Administration



# lfEC ' !5 Southern Region Office of the Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED HearingDocket Clerk FAA, AGC-430, Suite 2W1000 WilburWright Building 800 Independence Avenue, SW Washington, DC 20591 Re: Inthe Matter ofMississippi Air Express LLC FAA CaseNo. 2013S0950114 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

# RECEIVED DEC 10 2014 

## HEARING DOCKET

Enclosedherewithplease find a copy ofa request for hearing and the original and one copy of the Complaint inthe above-referencedproceeding. The FAArequests that the hearinginthis matterbeheld inthe Jackson, Mississippi area, and expects that the hearing will lasttwo days. Please address all communications for the FAAto 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 (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 CertifiedMail Return ReceiptRequested
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 2W1000 Washington, DC 20591 Mr. Deitrick H. Johnson Office ofRegional 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 FinalNotice ofProposed Civil Penally which was dated November 18,2014, and received in my office onNovember 25, 2014. My letter is a request for hearing on the Final Notice ofProposed Civil Penalty and the allegations alleged therein. Also, please consider this our request that the hearing be held in the First Judicial District ofHinds County, Mississippi in either the State or Federal Court located in downtown Jackson, Mississippi. Ifyou have any questions please feel free to call me.November 26 2014 Page 2 '

# ;Yl~ MatthewCouch

# ~ Memb '

. . er and Preside Mrssrssippi 

### A" , nt, rr Express, LLC WEFjr:dc cc: r xprcss, LLC Mississippi Ai EUNITED STATES OF AMERICA NATIONAL TRANSPORTATION SAFETY BOARD WASHINGTON, D.C.
FEDERAL AVIATION ADMINISTRATION
V. NO.
______________ __ MISSISSIPPI AIR EXPRESS, LLC REQUEST FORHEARING Mississippi Air Express, LLC files this its Request for Hearing as follows: Mississippi Air Express requests a hearing onthe Final Notice ofProposed Civil Penalty. Respectfully submitted, this the 26'h day ofNovember, 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 ofWayne E. Ferrell, Jr., PLLC 405 Tornbigbee Street Post Office Box 24448 Jackson, Mississippi 39225-4448 (601) 969-4700CERTIFICATE 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 ofthe 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 2W1000 Washington, DC 20591 Mr. Deitrick H. Johnson Office ofRegional Counsel Southern Region Federal Aviation Administration P. 

### 0. Box 20636 Atlanta, GA 30320 This the 2{;t" day ofNovember, 2014.
WAYNE E FERRELL, JR.

2U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. Mississippi Air Express LLC Respondent.
JUDGENOT YET ASSIGNED FAA DocketNo. Judge

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I. 1. OnNovember 18, 2014, Respondent, Mississippi AirExpress LLC was advised through a FinalNotice ofProposed Civil Penaltythat the FAA proposed to assess a civil penalty in the amount of$2,200. OnDecember I, 2014, the AgencyAttorneyreceived a written request for a hearing from theRespondent. II. 1. A Mississippi AirExpress LLC ("Air Express") is now, and at all times mentioned in this document was, theholder Air Carrier CertificateNumber4MCA983M, 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 ofAir Express' operation specifications required that it complywith the requirements of 14 C.P.R. Part 120 and 49 C.P.R. part 40 for its antidrug and alcohol misusepreventionprograms. 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 withrespect to meeting those requirements.
c. 14 C.F.R. § 120.115(b)(l) provided that Air Express' EAP education program mustinclude at least the following elements: (i) Display and distribution ofinformationalmaterial; (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 inthe workplace. 4. The FAA's inspection ofAir Express revealed the following:
a. At all times material herein, civil aircraft N601TE was authorized for usebyAir 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 conductedthe 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 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 meetingthose requirements from AirExpress. b. Air Express did not have the minimum requirements of an EAP program pursuantto 14 C.P.R. § 120.115(b)(l). III. 5. Byreason ofthe foregoing facts and circumstances, Respondent violated the following sections ofthe Federal Aviation Regulations: 1. Section 120.109(a)(l) inthat no employermayhire anyindividual for a safety-sensitive function listedin §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 withrespect to meeting those requirements. 3. Section 120.115(b)(l) inthat 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
Pursuantto 49 U.S.C. Sections 46301(a)-(d), Respondent is subjectto a civil penaltynot to exceed $1,100 for each ofthe violations alleged. Under the facts and circumstances ofthis case, a civilpenalty of$2,200 is appropriate. WHEREFORE, the Agency, by counsel respectfullyrequests that the Administrative Law Judge enter an orderthat Respondent be assessed a civil penaltyinthe amount of$2,200. Respectfully submitted this 

# IJW day ofDecember, 2014.

Attorney Office oftheRegional CounselPLEASE NOTE: Pursuantto Title 14 CPR Section 13.209(a), you are required to file a written answer to this Complaint, or a written Motionto Dismiss ifappropriate, notlater than 30 days after the date shown onthe Certificate ofService which follows.
CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complaint has been mailed this date by Certified Mail, Return Receipt Requested, to the following: President Mississippi AirExpress LLC 233 ClarkFarms Rd. Madison, MS 39110 Wayne E. Ferrell, Esq. Law Offices ofWayne 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

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## DEC ' '·5 2014' Dated (original 

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