U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D. C. 

RECEIVED 

MAR 1 2 2015 

HEARING DOCKET 

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

MISSISSIPPI AIR EXPRESS, LLC FAA CASE NO. 2013S0950114 

Respondent Judge J.E. Sullivan 

ADMINISTATOR'S RESPONSE RESPONDENT'S MOTION TO DISMISS 

-----l..oC'bOOAMES NOW the Administrator, by and through the undersigned attorney, files his 

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: 

1. 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 the following part 135 flights for the Respondent: 

a. On or about January 20, 2013, Couch flew fi·om KMBO to KUOX and KUOX 

to KMBO for Key Construction. 

b. On or about January 21, 2013, Couch flew from KMBO to KORG for Key 

Construction. 

c. On or about January 22, 2013, Couch flew from KORG to KMBO for Key 

Construction. 

On or about March 26, 2014, the Administrator issued the Notice of Proposed Civil Penalty 

(Notice). (Exhibit 1) 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 Amended Notice 

On or about March 26, 2014, the Administrator issued the Notice. (Exhibit 1 ). The 

Notice contained facts not associated with the Respondent. Due to this, the Administrator issued 
an Amended Notice on or July 7, 2014. This Amended Notice was sent to the Respondent 

(Exhibit 5) and his counsel (Exhibit 6). 

The Amended Notice outlines the facts above. The Administrator contends that the 

Respondent's certificate was not effective until June 19, 2012. Following its forming, the 

Respondent hired Matthew Couch on or about June 20, 2012. (Exhibit 7) Subsequently, 

Matthew Couch operated flights on behalf of the Respondent. (Exhibit 7) On or about January 

20-22, 2013, the Respondent performed safety sensitive functions prior to having a DOT preemployment test. (Exhibit 8, 9, 10, and II). 

Inadvertently, the Amended Notice and the Complaint reference that the above-described 

flights as having taken place on January 20-22, 2012 instead of January 20-22, 2013. 

Notwithstanding this, the Respondent was given reasonable notice of the allegations due to the 

following found in the Amended Notice (Exhibit 2): 

I. It accurately describes the type of flight, Part 135; 

2. It accurately describes the date the flights took place, January 20-22; 

3. It accurately describes the pilot of these flights, Matthew Couch; 

4. It accurately describes the client in for which the flights took place, Key 

Construction; and, 

5. It accurately describes the location of the location of the flights. 

Further, based a reasonable reading of the timeline described in the Amended Notice, it can only 

be reasonably concluded that the flights described took place in 2013 instead of2012. 

Moreover, in Respondent's Exhibit D, the Respondent notes that "[t]he flights in question 

occurred in 2013, not 2012". Based on this, the Administrator made his allegations clear in the 

Amended Notice. 
II. The Administrator Timely Sought Prosecution 

On or about January 30, 2013, the FAA conducted an inspection of the Respondent's 

Antidrug and Alcohol Misuse Prevention Program. Due to the investigation, the Administrator 

became aware of the facts described above. On or about March 26, 2014, the Administrator 

issued the Notice (Exhibit 1) and on or about July 7, 2014 Amended Notice (Exhibit 2). Once 

the Agency became aware of the facts described above the agency timely made the Respondent 

aware of the allegations he sought to prosecute. As the actions did not occur until Janumy 2013, 

the Administrator notified the Respondent of these allegations well within the two year allotted 

period. 

CONCLUSION 

Based on the foregoing, the Administrator requests that you deny the Respondent's 

Motion to Dismiss. 

Respectively submitted this __ti, day of March, 2015. 

D~~~ Counsel for Complainant 
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 

MAR 2 6 2014 

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 § 120.109(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. § l20.ll5(b)(l) provided that Air Express' EAP education 

program must include at least the following elements: 

(i) Display and distribution of informational material; 

~GOVERNMENT 

; ~XHIBIT 

j ..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 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 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: 

DELTRICKH. 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 

CERTIFIED- RETURN RECEIPT REQUESTED, 2013S09501 14 

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. § !20.7(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 )(I) 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 

=.; GOVERNMENT 

\ ~!BIT 

!! 
(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. 

n. 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 )(I). 

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

C.F.R.): 
I. Section 120.1 09( a)( I) in that no employer may hire any individual for a safety-sensitive 

function listed in § 120.1 OS unless the employer first conducts a pre-employment test and 

receives a verified negative drug test result for that individual. 

2. Section l20.223(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 l20.115(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 

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 

f'&BTJE~~JS;g 

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Mississippi Air Express LLc 

233 Clark Farms Rd. 

Madison, Ms 39]] o 

Law Offices ofWay11 e E. Ferre)J, Jr. 

P.o. Box 24448 

405 Tombigbee St 

Jackson, Ms 39228-4448 

stal Service," CEIPT 

U.S. PoiFIED MAIL"" RE CoverageProvidbd) 

CERT . . No Insurance 

) p''""''"" 

J 

Here 
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 

NO\' 1 8 

CERTIFIED- RETURN RECEIPT REQUESTED 

& REGULAR MAIL 

2013S0950114 

President 

Mississippi Air Express LLC 

233 Clark Farms Rd. 

Madison, MS 39110 

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; 

;; GOVERNMENT 

~ EXHIBIT ~ <L ~ --~7:::.--­ ;; 
(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 N60 l TE was authorized tor 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. 

m. 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.P.R. § 120.115(b )(I). 
5. As a result, you violated the following sections of the Federal Aviation 

Regulations: 

Under 49 U.S.C. Sections 46301(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 2W1000, 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 2W1000, 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 13.16 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 RICK H. JOHNSON 

Attorney 

Office of the Regional Counsel 
' 

CERTiFICATE OF SERVICE 

I hereby certify that the foregoing Final Notice of Proposed Civil Penalty has been mailed by 

Certified Mail & Regular 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 

¥owN~?sT~~~OM0AL) 

Legal Assistant 

(1-1'6-\<-\-

Dated 

;r 

n 

IT 

I"' 

Certified Fee 

Return Receipt Fee r---------1 (Endorsement Required) 

Restricted DenveiY Fee r--------1 (Endorsement Aeqolrca') 

t----_J 

, ugust2006 

Postmark 

Here 

See Reverse for lnstr 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

DEC 5 2014" 

Southern Region 

Office of the Regional Counsel 

CERTIFIED- RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Mississippi Air Express LLC 

FAA Case No. 2013S0950114 

o FILE:. 

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 A venue 

College Park, GA 3033 7 

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

Sincerely, 

Attorney 

Office of the Regional Counsel 

Enclosures 

GOVERNMENT 

EXHIBIT 

~ 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDER4.L 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.F.R. 13.208), and states as follows: 

I. 

I. 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. 

ll. 

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 

under part 119 and appropriate operations specifications under 14 C.F.R. part !35 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 § 120.109(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 )(I) 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 bot-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 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 14C.F.R. § 120.115(b)(l). 

Ill. 

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

following sections of the Federal Aviation Regulations: 

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 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 120.1 15(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 

Pursuant to 49 U.S.C. Sections 4630l(a)-(d), Respondent is subject to a civil penalty not 

to exceed $1, I 00 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 1]11' day of December, 2014. 

Attorney 

Office of the Regional Counsel 
PLEASE NOTE: 

Pursuant to Title 14 CFR 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 2WIOOO 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

/JJAA a -~4..~·-;~ { DONNA E. sifNLEr--~ Legal Assistant 

DEC 5 2014 

Dated 

(original+ 1 cony) 

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Offices of the Regional 

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Federal Aviation Adminiitratio

Post Office Box 20636 

Atlanta, Georgia 30320 

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011 3500 0001 0296 7615 

Domestic Return Receipt 
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1!11 Print your name and address on the reverse 

so that we can return the card to you. 

11 Attach this card to the back of the maifpiece, 

or on the front if space permits. 

1. Article Addressed to: 

Law Offices of Wayne E. Ferrell, 

P.O. Box 24448 

405 Tombigbee St. 

jackson, MS 39228-4448 

COM

3. S

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2. Article Number 

(Transfer from service labeQ 7011 3500 000
MISSISSIPPI AIR EXPRESS, LLC 

233 Clark Farms Road, Madison, MS 39110 

Phone: 601-566-0037 Fax: 601-709-5038 

Email: msaircxvrcss@yahoo.com 

On .June 19, 2012 I received my Op Specs from the .Jackson FSDO alter passing my initial 

checkride and slarledPart 135 operations on .Tune 20, 20I2. Prior lo taking my checkridc I 

contracted Medscrccns, Inc. to be my CTPA (consortium third part administrator). When I 

enrolled I was added to a random pool for drug testing. I was told that I would be notified if my 

nan1c was randomly chosen. And at such time I would be notified lo come in and give a sample. 

At the time of enrollment they did not inform me that I had to take a prc-<:mploymenl drug 

screening test prior lo starting operations nor give me any info relating lo DOT requirements. The 

only thing I received was a certificate and a receipt for payment. Had I realized that I needed to 

take a drug lest prior to starting operations I would definitely have done so. 

!24~~--- Matthew Couch 

January 30, 2013 

GOVERNMENT 

EXHIBIT 

'1 
MISSISSIPPI AIR EXPRESS, LLC. 

PILOT FLIGHT DUTY TIME RECORD 

PILOT: I MATTHEW COUCH I I I ,MONTH

I I 

' 1 

I 

: I I , . 

3 4: 5 8) 9l1_0 _11 

! ! I 

COM [P

M ID

T

l . . ' I . ·t' I L - . 

z._ 

: it' -1 -

i ' . -

2Ql211 2 .. 2 •. j23 241FLT --" - -I 

_;_ I --- t 

-·-t . ---1-- l I ,_ 

' ' 

- I _:_ I !· -+-----___:_ __ 

' - - ! 

. 1 • -+ 

J --+ 

----

- ---- -r -, - -r 

" ---r --r-

r

I -L . __ J 

. ' ····-

c:JOI.- 1 • ' " 

i l J ---'-- J 1-_ t __ ;__ R

LEGEND: I ! ' ' _ J L _ _L_ 

C; COMMERCIAL FLIGHT . . . 1 j t ig HOURS IN 24 CONSECUTIVE H

o; mDuTYTIME-1 -!-·· . i _ : __ 

F; 135 FLIGHT TIME ' ' t t , 11 HOURS IF> 30 MINUTES I 

----- I -----t- - -- ---- -- - - 

R; 135 REST TIME [. , 1 1 12 HOURS IF< 30MINUTES BUT 

FT; DAILY TOTAL FLIGHTTIME (C +F; FT) T j -t--;-i - 16HOURS IF <6o MIN-UTEsT

. 

a j-._ 
MISSISSIPPI AIR EXPRESS, LLC. 

PILOT FLIGHT DUTY TIME RECORD 

PILOT: MATIHEWCOUCH I 1 ! i I \ I \ ! 1 'MONTH:

I I 1 1 . 1. . 1 j ·

1

, 

1 1 1. , ', ; 1 ,coM PB

HOUR I I l j ' I . I I ! I .I . i I I ' M DU

DATE 2 3 4 s 61_2 ~ 9+l~Pltl2jlJ._l41l_~l6-W-!_psil!li 2oj 21t22 23 241FLT jTir-

27

-· +. ··+ I 11 -·+ iae-Q ... cL -+ t-+. f.; .... j ·t··· J 

i~ 

r 1 ··r·· + t t J . {) ~L L l ... I t I + t , -. . -1 

1 + . 1 + , I -· ·- +- + , + · ~ , 1 J 1 r 

z.(, ~. . i. -1. .1 t I I +~,r:tFI.···· ~--t + i . J- -1 t···· ! 0 l . 

~i.· 

L ·f. t .--··t.--1 f · 112 Fr·.--···l--r ~-~.--i r 1. , -~ 

J_r I l ··· - t- 1~-

1- - · 1- ~ t ··. -+-_ I 

2? ... + t i ~- t-o ~ i , I + l + I .·. 

;~ 

t+ [- 1 4····f--t

0 ·f-···-·-f·j' Tj Til· 

1 t + L I - · · I -I'-· ·· - · - -+--, I - 1 , j 

~-~+ 

t 1 + ·-·- .. 1 1 ... ,.- I 1 t+ ·1'. -I 

-

.. 

·- 

j. , 1. 1 1 1 1 t· 1 , 1 1 .. --r··-. .. t-+ .... 

' ' ' J ' ' ' I I ·, 

;· ·~.· ~-· .. l. ~.-~.····---r ....•.. --+ .. l······i··.-.~- ... [·.· =T.~-.. ·.t. _1,~ .·.1.-.. ·-ti~-.·-f:._ .-. ]. -~~ I, - 

' I j ! T . 1 . J I I I ' . ' . 

~ .. ~ r . "FlTf-1~~~~r·t+irJ--+ t J ....•. 

···~ 

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T r ~-~ . I ·-, ---1 '-·- -I --·· ~ , ' r- . c 

. t I t I I 1- f +- l t L I -~--t I f _L -+ 

1 I 1-1 -:- ·· rt-+ t \ t--; t·t-t r +-r ··1 ·- f ·- 1 - 

- L + + j +- .. l i L_j +-j -+--f +-t 1---J-~FI.I~':I"TT_I_f\ol!_l~I'TATI~NS & RE~T RE

i~i~~~~Jttti1Ir•tlttt£f~::~I~~~{~~

~=!~~~~~Vo~~~L\GH~T~~E(~~-~~-JT)L+1--, 

-1 t -L+--R~--~~~~~~~~~~~~pu:r'>_6
Mississippi Air Express, LLC Date fir[:; = 'P<l:ss-enger7I()~d 

-~-'!nif~!'·--~-

__ :_~~-~~---====--==:..r~~~-~~~:;--

Aircraft: N tt?l. ~ 

Customer: kty__i(

# PSGR 'I FROM jm ~-A~T iARR;~~- jcARG_o ... _'ToGw ·_rlv1_ Ax __ f\T~_9_·--.'!I_ E? __ c_g. * __ fc.Ci tv1}l'l __ ~~

~1 ~~=~0 

/K~~ 

/!~ft 

--r~;%~---t 

~p=-!~~--t=.---~7oot2ti}._rm~§"_ 

.L .J_ ' ' ' 

I 

-~-=r-==t-----r------: ' --T. ---~ ~=~--r=~- t --

(. . .. L ·· j - ····· ... cc=c••-:--~ .··· . b -----1-----1-J-

PILOT FLIGHT TTME 1------- -·------ . ---- -- --·- -- ---

INST.: 

_1\_I~S:J{!-~T FLIGHT TIME 

__ __Pll"OT _REST TIME _INFg ______________ --------

HR. METER FINISH: '68 7 REST BEF_OJ{_~!f11~ FL :r: /O:t- ·,··· H --

HR. METER START: ___ K_lo____ _ ___ 2:~~E_?_r-,'J2UTY ['2_1<)" OF_F_D_U_T_Y_:~i_\S_to _

HR. METER TOTAL: {, 'l RETURN TO DUTY: O'-f0 0 ------~,,-~-

NIGHT: 

TOTAL~--[:1 

----···--···-~·-

PASSENGER NAME PASSENGER WT. 

Ri!d"--~~-5~:~-

-------- - -~-· ---

- ~2 <;-"--"'-) --

~~--lA)~'7:rr;'IL. 

__ /(J_O ----~ --·-----=-

:~~~---·····-----~--------·-------

__ _L()_Q___ -

1-------~---

·-·-- --------------------·--·--·-·----------

--------------

sec A i(ACA-!6t> UJ/B f"otc..N"-

NOTES: 'Computed as follows: Weight (W) multiplied by Ann (A) equals Morrlent(M). Total Moments divided by total weights equals T.O. 

! GOVERNMENT ~ EXHIBIT 

i--or-l---
Date: j-;ltJ-1-,. ---- -------- ----~ -----

De~inati<Jn_:__,'( uo !< 

Aircraft: N601TE 

Aircraft 

Weight ---------------

------- --- -- --- - --------------

Pilot 

Co Pilot 

Center Seats 

Rear Seats -------

Baggage 

Wing Fuel 

Fuse. Fuel 

Total 

Co Pilot 

Center Seats 

Rear Seats 

Baggage 

------

Wing Fuel 

Aircraft - -------------

Pilot 

Co Pilot 

Aircraft 

Pilot 

Co Pilot 

Center Seats 

Rear Seats 

Baggage ----- ----

Wing Fuel ------------

Fuse. Fuel 

Total 

160 

310 

ao __ zit 

'{zo 

--- - -- _ _Sy_i7_ 

. + . I.JQ_L __ 

160 - - -------------

--- 2(5 __ 

----------. 

__ 3_!){) 

·z_, -- ------------------

231 

3i>O 

~(,( 

160 

160 

ARM 

96 

96 

132 

--------- --- ----i 

MOMENT 

6:z;:7 

15.2 

-- ---_,)'/. 5 

165 ______ _'fi_£__ -- -

250 tj-. 6 

170 

213 

_j(,J_'--7_ 

5.>: .'<o .. 

__ l(.'f 

_____ f']L<J" __ 

96 

96 

132 

165 

250 

170 

~:;Q_ -- --- - 15.2 - 'A ~-s-'~ -----

- ----- ------- --- --

__ 'R<_\_.5. -- -.. ------

- - __ 'L_Io -

--------- ¥1_,1-._ 

213 

_1~3~{ 

. - - -----

96 

96 

132 

165 

250 

170 

213 

96 

96 

132 

165 

250 

170 

(.,(. 2-

---- 'lJ~~ 7 

15.2 

15.2 

- -:::----=---<+---:---- - -~.' -,- --,---------

213 
Express, LLC 

~:I_njfeir"-_~~ 

_ ____ 

_ ____ f?~~e:_L::-.lL-_IL~ircr:~ft: 

_ Nlet2_lr::C ______ __ _ 

____ _l'~(::_f'_c>ue:H 

_ Cus~o_ITier: KFy __ (t:>f..!_";?'-lZt,LCI/Q"l__ 

 

uo8o -=l?EP_A~~-1;"'" / /& 'IL __ ;moo ;mow iM ..... AX.ft.T_~~_w_-__ ._-_._;_· !T o_cg. * -~.c .. _()~ .. ~~~;~~~-~~-~AX~f>1~_r_ lf.u£ __ -=~- 1 

p~2-J 

~:=-=~~7.0()~/ 

(.=~=-

:t1?2~~"- --!i67 ss" . .-. . 

.. i i 11 

-~ 

~---

t---~==~~-=~~=-~-.-~=~--+-- 

' ' 

. .... l .... 

~ .... -. . .. --- " .. ·- '"'--------····· 

. •·.-··---- -·-·-·- -- --·-1 

AIRCRAFT FLIGHT TIME PILOT REST TIME INFO 

•• "-··••·---·--·- • -------· ' •---·----··-··-·•••----·• -----c-•-. ••----. --------~--··--··-•-••·-··-----•-·--··---------··- 

___ HR. METER FINISH 1/. 7 REST]3_EFORE_THISFL ~: jQ .f- . __ _ 

HR. METf0R START: _'}jL;L_ --·- _____ I~f\1E 0!-JfJUTY 

HR. METER /()({) OFF DUTY /,/3 0 TOTAL: ), S RETURN TO DUTY ;? 23<:) __________ ... --,--,-~~~ ·.·.-•. c ... d 

-----------------

--

- -

PASSENGER WT. 

------ --

__ , _____________ ------·-·-- zoo 

... k/D. ---·----------··-----------·-

I 

·-----~---------··-··--·--··· 

··-------------------

_____ _,.,,. 

------------- 

- . ···- 

cu/..6 fP/2/1? 

 Weight (W) multiplied by Ann (A) equals Moment(M). Total Moments divided by total weights equals T.O. CG 
D_;,te:_L=2_7--I_~--------------

D_estinati_orl_:_.t(_i_?]6Q 

---- --

_ __ __ __ ___ __ __ _ _ 

Aircraft: N601TE Weight ARM MOMENT 

- - __ '(cJ_'{_r_ £72.1 ---------- -- - - --

Aircraft 

----- --- ---- --- ---

Pilot 160 96 15.2 ---------- ------~----- ------- ------------------- ---------------

Co Pilot - -- -- --- - _ZJ;(.)- -- - - - -- 2_6_ - - - - l_Cf ._7-__ -- -- --

Center Seats 

132 --- ------------ ----------- ----- --------- --

Rear_Sea~_ _ _______ 

-------------------

J-_j()_ ____ ____ .1:_65 _______ 

~a~g_a~e_ ______________ 

}'i_7 _____ _ 

_5__D_ __ ____ __ _2~0- _ _ __ _ !__£'[ _ _______ _ 

IJV_i_ng~uel ________ _____ _:'.>QI)_ __ _______ 

£use.£ue~- __ __ _ _ _____ 

17_()_ _______ _5(_D_ _ ___ _ 

Cd_f., i_ __________ ~~----- __ 52·_l£_ ____________ _ 

:T'o_tal _______________ '2_7.?..-1- _ _ _ l(,<-/. '1 _____ ___s!oQ._q_ ______ -· _ ktN'?c< - /.{rYJI3o - ------ --- --- - -- -----

Aircraft 

-c·---------------------------- ~- ----------- ---------·---------

Pilot 160 96 15.2 

(;;-Pil;;t' ___ --- -- -----~--- ------------

--------------

--96 ___ - ------ -------------------

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

Center Seats 

Rear 

132. 

Seats 

165 ---------------------·---- ---------------,----------~--,-~---- --- ------------;·---------

Baggage 

250 ----------------~---~----------~---·----------------------

Wing Fuel , 170 , -=------------ ---~,-- ----------:- ----~--~--- --------------------

Fuse. Fuel 

213 =------:----- ----------------------------- -~-- ----------------

Total , ~------------~-~~---~------------------------~-----

Aircraft ; , · · ' Pilo-t -------------. ----16o------~---96-- -------15.2 ________ -----

Co 

pjl-;;-(~===-~-=--=-=-=--c 

~-===--=--:_-=-=-~= J6 ===--=--=-============== === 

CenterSeats 

132 f------- ---- --------------------- -- --·-----~- ------~----~--------

Rear Seats 

165 ------------------------ --·---------~---- ------------------------ --- ------------------·-

Ba!l!'~_e_____ __ __ __ ________ _ ________ 2'i_0 ______________________ _ 

Wing Fuel 

170 F~-;-,;-:-Fu~~- -- -------------------~--213-----~-- ------------- --- Totaf ______ -- --------------------------------- ------------ -----

Aircraft 

Pi!~------------ -----16o ___________ 96- --------isT----------- t------------------------· 

~~lm 

---------------------------------- 96 r--------·--- --- -----------------------

-----------------~---- --- Center Seats 

132 1---·-----------------·------- -- ------------~---- -------------

Rear Seats 

165 1-·----------- -------------- ----------------·-------- ------------- -------

Baggage 

250 ~----~------------- --------------- ------ ------------- ------------------

Wing Fuel 

170 f------- --------- ----·------------·------------------------

Fuse.Fuel 

213 

Total 

!l GOVERNMENT 

~ EXHIBIT ~ ~ ,, ~ -~:...l---- ... 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing 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 2Wl 000 

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 

Duvvnol 

DONNA STALEY ~u1 Legal Assistant 

Office of the Regional Counsel 

10AR I 1 2015 

Dated