### SERVED: MAY 5, 2015

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### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC '( -:,.;· .r. ··:·

In The Matter Of: MISSISSIPPI AIREXPRESS, LLC Respondent 

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Docket No. FAA-2014-0866 CaseNo. 2013S0950114



### ORDERWITHHOLDING FROM PUBLIC DISCLOSURE APORTION OFTHEFAA'S SUPPLEMENTALRESPONSE AND REDIRECTING THE PARTIES TOCOMPLY\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"). Amongotherthings, 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 benefitto the public orthe 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 otherthings, this Order set a May I, 2015 deadline for the FAAto 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

1The FAA's May I, 2015 submission is entitled "Administator's [sic] Supplemental Response Respondent's Motion to Dismiss." This is atitle error. In civil penalty cases litigated before the Office ofHearings, 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. 

### 18BriefDiscussion In the February 25, 2015 Order, the parties were notified that information such as a witness' home address, Social SecurityNumber, and general health and drugtest 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: Iffuture documents with confidential or sensitive information need to be filed, the

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

(e.g., agree to strike out a social security number, or a creditcard number, etc.) or, in the alternative, file these documents with an attached request to withhold from the public record, pursuantto 14 C.F.R. 

### § 13.226. 

### (/d. at 2.) Nevertheless, on May 

### i, 2015, the FAA attached Mr. Couch'sexact same lab test results as part ofExhibit 6 in its Supplemental Response. (Supp.·Resp., Exh. 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 ofExhibit 6 (i.e., that information previously identified by this Court as confidential and ordered withheld) from the public record. Pursuant to this Court'sprevious ruling in its February 25, 2015 Order, Mr. Couch's lab test results contain sensitive, personally identifiable information, the public disclosure ofwhich would provide no benefitto the public orthe 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 ofthese lab tests should be submitted.
Page 2 of 32. The following portion ofthe 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 placeholderfor Exhibit 6, pages 7-16 (marked onpage 7 as "Exhibit C"), indicating that this portion ofExhibit 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 priorto filing such documents. Aspartofthispre-filing review, the parties should eitheragreeto rerriove the confidential information priorto filing (e.g., agree to strike out a social security number, or a credit card number, etc.) or, in the alternative, the party offeringthe**docum~nt** for filing should concurrently file a Motion to Withhold from the public record, pursuantto 14 C.F.R. 

### § 13.226(a). 5. Ifeitherparty needs clarification or has any questions regarding the procedures contained in this Order, contact Mr. Cody L. Smith, Attorney-Advisor at the Office ofHearings (202-366-6941).

Attachment: Service List

Page 3 of 3DocketNo. FAA-2014-0866 (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 ofthe Regional Counsel, AS0-7 Southern Region 170I Columbia Avenue College Park, GA 30337 TEL: 404-305-5200 FAX: 404-305-5223 Mr. Wayne E. Ferrell,Jr. 

### Respondent's Counsel Law Offices ofWayne E. Ferrell, Jr. P.O. Box 24448 405 Tombigbee St. Jackson, MS 39228-4448 TEL:. 601-969-4700 FAX: 601-969-7514 Judge J.E. Sullivan 

### U.S. AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey 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 orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2W 1000, Washington, DC 2059 I; Attention: Hearing Docket Clerk, AGC-430.