SERVED: MAY 5, 2015 

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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

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In The Matter Of: 

MISSISSIPPI AIR EXPRESS, LLC 

Respondent 

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Docket No. F AA-20 14-0866 

Case No. 2013S0950114 

ORDER WITHHOLDING FROM PUBLIC DISCLOSURE 

A PORTION OF THE FAA'S SUPPLEMENTAL RESPONSE 

AND REDIRECTING THE PARTIES TO COMPLY \VITH 14 C.F.R. § 13.226 

• :1.· 

On February 25, 2015 an Order Withholding from Public Disclosure Portions ofthe 

Respondent's Motion to Dismiss was filed ("February 25, 2015 Order"). Among other things, 

this February 25, 2015 Order found that lab test results for Matthew Couch, attached as Exhibits 

to the Respondent's February 19,2015 Motion to Dismiss, needed to bewithheld from public 

disclosure pursuant to 14 C.F.R. § 13.226(a) because the lab tests contained personal, sensitive 

information that provided no benefit to the public or the parties. 14 C.F.R. § 13.226(b). 

On April 17,2015, an Order Setting Second Motion Conference and Deadlines for 

Supplemental Filings was filed. Among other things, this Order set a May I, 2015 deadline for 

the FAA to file Supplemental Material addressing the Respondent's Motion to Dismiss .. 

On May I, 2015,.the FAA filed the FAA's Supplemental Response (to] Respondent's 

Motion to Dismiss ("Supplemental Response"). 1 

1 The FAA's May I, 2015 submission is entitled "Administator's [sic] Supplemental Response Respondent's Motion 

to Dismiss." This is a title error. In civil penalty cases litigated before the Office of Hearings, the FAA 

Administrator is not the FAA litigant in the proceedings. Instead, the FAA Administrator retains separation from 

the proceedings, so he may ser~e as a "decis~onmaker on appeal" ( 14 C.F.R. §§ 13.202) after the conclusio~ of t_h~ 

civil penalty litigation proceedmgs, should either the FAA or the Respondent file an appeal from the Courts Initial 

Decision. See also, 14 C.F.R. §§13. 203 and 13.233. 

18 
Brief Discussion 

In the February 25, 2015 Order, the parties were notified that information such as a 

witness' home address, Social Security Number, and general health and drug test results was 

sensitive, personal information, and should be withh~ld from publication on the FDMS website. 

(2/25/15 Order, 2.) In addition, this Court directed the parties to be careful about sensitive 

information and act to protect it when submitting future documents: 

If future documents with confidential or sensitive information need to be filed, the 

. parties should either agree to remove the confidential information prior to filing 

(e.g., agree to strike out a social security number, or a credit card number, etc.) or, 

in the alternative, file these documents with an attached request to withhold from 

the public record, pursuant to 14 C.F.R. § 13.226. 

(/d. at 2.) 

Nevertheless, on May i, 2015, the FAA attached Mr. Couch's exact same lab test results 

as part of Exhibit 6 in its Supplemental Response. (Supp.· Resp., Ex h. 6, 7-16.) The FAA made 

no attempt to remove the confidential information, nor was the FAA's Supplemental Response 

accompanied by any request to withhold the sensitive portions of Exhibit 6 (i.e., that information 

previously identified by this Court as confidential and ordered withheld) from the public record. 

Pursuant to this Court's previous ruling in its February 25, 2015 Order, Mr. Couch's lab 

test results contain sensitive, personally identifiable information, the public disclosure of which 

would provide no benefit to the public or the parties. 14 C.F.R. § 13.226(b). 

Conclusion 

Having reviewed the case file, all pleadings and motions, all relevant caselaw, statutes, 

regulations, rules, and authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. Mr. Couch's lab test results have been made part ofthe record by both parties. No further 

duplicate filings of these lab tests should be submitted. 

Page 2 of 3 
2. The following portion of the FAA's Supplemental Response shall be withheld from 

public disclosure: Exhibit 6, pages 7-16 (marked on page 7 as "Exhibit C"). 

3. The FAA Hearing Docket shall substitute a placeholder for Exhibit 6, pages 7-16 

(marked on page 7 as "Exhibit C"), indicating that this portion of Exhibit 6 has been 

withheld from public disclosure by Court Order. 

4. The parties are re-directed to review future documents for confidential or sensitive 

information prior to filing such documents. As part of this pre-filing review, the parties 

should either agree to rerriove the confidential information prior to filing (e.g., agree to 

strike out a social security number, or a credit card number, etc.) or, in the alternative, the 

party offering the docum~nt for filing should concurrently file a Motion to Withhold from 

the public record, pursuant to 14 C.F.R. § 13.226(a). 

5. If either party needs clarification or has any questions regarding the procedures contained 

in this Order, contact Mr. Cody L. Smith, Attorney-Advisor at the Office of Hearings 

(202-366-6941 ). 

Attachment: Service List 

Page 3 of 3 
Docket No. FAA-20 14-0866 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl0002 

Mr. Deitrick H. Johnson 

Complainant's Counsel 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

170 I Columbia A venue 

College Park, GA 30337 

TEL: 404-305-5200 

FAX: 404-305-5223 

Mr. Wayne E. Ferrell, Jr. 

Respondent's Counsel 

Law Offices of Wayne E. Ferrell, Jr. 

P.O. Box 24448 

405 Tombigbee St. 

Jackson, MS 39228-4448 

TEL:. 601-969-4 700 

FAX: 601-969-7514 

Judge J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (£11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

ONE COPY 

Mr. Matthew Couch, President 

Mississippi Air Express, LLC, 

Respondent 

233 Clark Farms Rd. 

Madison, MS 39110 

2 Service was by U.S. MaiL For service in person or by expedited courier, use the following address: Federal Aviation 

Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W 1000, Washington, DC 2059 I; 

Attention: Hearing Docket Clerk, AGC-430.