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U.S. Department -, ^ \!^^ \ \ p ?: 02 

of Transportation -'•" -"' ' " 800 Independence Avenue. S.W. 

Federal Aviation Washington, D.C. 20591 

Administration 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

and REGULAR U.S. MAIL 

January 5, 2011 

Stuart S. McPherson - > 

2218 Rose Avenue HEARIN G DOCKE' ^ 

Signal Hill, CA 90755 

RE: CaseNo.2009WP910116,DMSNo. FAA-2010-0538 l/^flOnOfDDOU 

Dear Mr. MacPherson, 

Please execute the enclosed settlement agreement and return it to me by fax at 

(202) 267-5106. Please retain a copy for your records. Once I receive the executed 

settlement, I will issue the Orders Assessing Civil Penalty and Promissory Note. 

Please also send a letter withdrawing your request for a hearing to the DOT docket and 

Administrative Law Judge Goodwin at the addresses below: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building - Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

U.S. Department of Hearings 

1200 New Jersey Avenue, S.E. 

East Building, Groimd Floor, Room El2-320 

Washington, D.C. 20590 
Feel free to contact me if you have any questions. 

Sincerely, 

Saura Ponto 

Attorney 

Enforcement Division/AGC-300 

Office of the Chief Counsel 

Telephone: (202) 267-9863 

Facsunile: (202)267-5106 
SETTLEMENT AGREEMENT 

Stuart S. MacPherson, Inc. (Stuart MacPherson) and the Federal Aviation Administration 

(FAA) have agreed to settle the above-referenced case on the following terms: 

1. Stuart MacPherson agrees to pay a total civil penalty of $8,000 to the FAA. 

2. The FAA agrees to issue an Order Assessing Civil Penalty and not to pursue 

any further enforcement action on any of the facts or circumstances underlying the 

above-referenced case. 

3. The FAA agrees to permit Stuart S. MacPherson to pay the $8,000 civil 

penalty in twelve (12) monthly installments of $666.67, so long as Stuart MacPherson 

executes a promissory note to this effect and makes timely payments in accordance with 

the installment schedule set forth in the promissory note. Stuart MacPherson agrees to 

timely execute the promissory note and return it to the FAA. 

3. Stuart MacPherson agrees to withdraw its request for a hearing by sending 

notice to the DOT Docket and to Administrative Law Judge Goodwin. Stuart 

Macpherson agrees that it will not contest the amoimt or validity of the civil penalty 

imposed by this agreement in any forum. 

4. The parties agree to bear their own costs in connection with this matter. Stuart 

MacPherson agrees not to initiate any litigation under the Equal Access to Justice Act or 

any other provision or rule to collect legal fees or costs arising firom this case. It further 

agrees to waive all potential causes of action against the FAA, its employees and agents, 

both past and present, in regard to this action. 

5. Stuart Macpherson has reviewed the terms of this settlement agreement, 

understands its terms, and voluntarily agrees to all its terms. 

6. This agreement accurately reflects the terms of the settlement between the 

parties, resolves this matter fully, and is binding on the parties. 

a^cu^ 9 ^ 

ra Ponto Stuart S. MacPherson 

•^ttomey, FAA Stuart MacPherson, Inc. 

I: \U n 

Da/e ' 

Executed: / /'^ / // Executed: 

Date