o 

U. S. Department 

of Transportation 

Federal Aviation 

Administration 

''•"rARTMENi GF 

.^^AMSFORWION 

:-V^C^;ErOPEiiATIONS 

^0*:' FiG 2 1 A n 0 3 

Great Lakes Region 

2300 East Devon Avenue 

DesPlaines, Illinois 60018-4696 

In Reply 

Refer to: AGL-7K 

2010-GL-11-0096 

February 7, 2012 

CERTIFIED 

Hearing Docket 

Federal Aviation Administration 

Hearing Docket Clerk, AGC-430 

Wilber Wright Building - Suite 2W1000 

800 independence Avenue, S.W. 

Washington, DC 20591 

Re: 

Area Code 847 294-7313 

Montgomery Aviation, Inc. / 

FAACaseNc: 2010-GL-l i-0096 fAOlc{-f)iof\-(^^^Q^Q<j 

Enclosed herewith please find 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 Indianapolis, Indiana, and expects that the 

hearing will last one day. 

Please address all communications for the FAA to the undersigned at: 

Chris G. Zurales 

Federal Aviation Administration 

Great Lakes Region, AGL-7K 

2300 East Devon Avenue 

Des Plaines, IL 60018-4696 

Phone (847)294-7713 

Fax (847)294-7498 

Chris 

Attorney 

Enclosures: Complaint 

cc: Respondent (w/copy of Complaint), Respondent's Counsel (w/copy of Complaint) 

VEO 

I •'•' . .: . ' 

Sincerely, 
U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D.C. 

Montgomery Aviation, Inc. 

FAA DOCKET NO. CP*not yet assigned* 

(EIR 2010-GL-i 1-0096) 

(Civil Penalty Action) 

Administrative Law Judge *not yet assigned' 

COMPLAINT 

On January 25, 2012, Respondent, Montgomery Aviation, Inc. (Montgomery) was advised 

through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty 

in the ainotmt of $5,500.00. Montgomery, by counsel, has submitted a written request for a 

hearing, dated February 1, 2012, which was received by the Agency Attorney on February 6, 

2012. 

I 

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: 

1. Montgomery now holds, and at all times mentioned herein held, Repair Station 

certificate number MYNR748K. 

2. At all times relevant hereto Montgomery had an employee training program in 

their manual which included a description of the training required and the type of 

records required to be made and kept to demonstrate compliance with the 

approved employee training program. 
3. Between September 1, 2009 and July 26, 2010, Montgoinery failed to provide 

training, to their employees in accordance with the training requirements 

contained in their training program. 

4. Between September 1, 2009 and July 26, 2010, Montgomery failed to record any 

training provided to their employees in accordance with the training requirements 

contained in their training program. 

5. Between September 1, 2009 and July 26, 2010, Montgomery failed to assure that 

..their employees received annual training program reviews, training needs 

.•assessments, and recurrent training, in accordance with the training requirements 

contained in their training program. 

6. Between September 1, 2009 atid July 26, 2010, Montgomery used employees who 

had not been trained in accordance with the training requirements contained in 

their training program. 

7. By failing to provide required training, by failing to record training given, by 

failing to conduct annual training program reviews, training needs assessments, 

and recurrent training, in accordance with the training requirements contained in 

their training program, Montgomery did not, Jn fact, have an approved training 

program as required by 14 C.F.R. § 145.163(a). 

By reason of the foregoing facts and circumstances, Montgomery violated the following Federal 

Aviation Regulations: 

a. Section )45.163Ca"). which states that a certificated repair station must have an 

employee training program approved by the FAA that consists of initial and 

recurrent training. 
b. Section 145.163(6), which states that the training program must ensure each 

employee assigned to perform maintenance, preventive maintenance, or 

alterations, and inspection functions is capable of performing the assigned task. 

c. Section 145.163('c'). which states that a certificate repair station must document, in 

a format acceptable to the FAA, the individual employee training required under 

paragraph (a) of this section. 

II 

1. Pursuant to.Title 49 of the United States Code, Section 46301 (49 U.S.C. § 46301), 

Montgomery is subject to a civil penalty not to exceed $11,000.00 for each violation alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $5,500.00 is appropriate. 

WHEREFORE, the Agency, by counsel, respectflilly requests that the Administrative 

Law Judge enter an Order that Respondent be assessed a civil penalty in the amount of 

$5,500.00. 

Respectfully submitted this 7'^ day of February 2012. 

Cfiris G. Zurales* 

Senior Attorney 

Federal Aviation Administration 

Great Lakes Region, AGL-7K 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Phone: (847)294-7713 

Fax: (847) 294-7498 
Certificate of Service 

I hereby certify that the foregoing Complaint has been mailed this 7"* day of February 2012, by 

Certified Mail, Return Receipt Requested, to: 

Original and One Copy: 

Hearing Docket 

Federal Aviation Administration 

Hearing Docket Clerk, AGC-430 

Wilber Wright Building - Suite 2W1000 

800 Independence Avenue, S.W. 

Washington, DC 20591 

One Copy: 

J.C. Buehler, Esq. 

Buehler Associates 

777 East 86'^ St. 

Box 40924 

Indianapolis, IN 46240-0924 

Telephone: (317)253-8686 

Fax: (317)253-9371 

Mr. Daniel Rex Montgomery, President 

Montgomery Aviation, Inc. 

Indianapolis Executive Airport 

11329 East Slate Road 32 

Zionsvillc, IN 46077 

Dated this /^ day of February 2012. 

Taminy tSftrdner 

Legal Technician 

FAA Great Lakes 
BUEHLER ASSOCIATES 

ATTORNEYS 

J.C . Buehle r Registered Cml Medlatoi* 

Jeffrey A. Doty 

Carolyn E. Leeman 

Ol Counsel 

Jotin Cloutier' 

Howard B. Atkins" 

'also admitted Illinois 

"also admitted Georgia 

^ admitted Illinois and Florida 

Nol A Parlnotstiip 

777 East 86th Street 

Box 40924 

Indianapolis. Indiana 46240-0924 

(317)253-8686 

(800) 259-8681 

(317)253-9371 Fax 

www. buehleria w. com 

Febriiaiy i, 2012 

Ft 

' ''•.! _ 

w: ^ v 

Hcarinj; Docket 

Federal Axnalion Administration 

800 Independence Avenue, S.W. 

Washington, DC 1^0591 

Attention: llearing Docket clerk, AGC-4;iO 

Wilber Wright Building - Suite 2W1000 

Re: 2010-GL-11-0096 

The undersigned represents Montgomery Aviation Inc. regarding the Final Notice of Proposed 

Civil Penally received Januaiy 27, 2012 in the above case number. 

We request a formal hearing on the Final Notice. 

Sincerely, 

BUEHLER ASSOCIATES, ArrORNFYS 

But^l^r / ^ ^ \ 

Attorneyfor Montgomery Aviation Inc. 

cc: Mr. Chris Ziirale.s, Senior Attorney, AGL-7K 

Office of Regional Counsel 

2300 East Devon Avenue 

Des Plaines, IL 60018-4696 
U S. DepiinniciK Great Lakes Region 

of Tratisponaiion 2300 Iiasl Devon Avenue 

Des Plaines. Illinois 60018-4696 

Federal Aviation 

Adiiiinistradoii 

AreaCode 847 294-7713 

In Reply 

Refer to: AGL-7K 

2010-C.L-l 1-0096 

January 25,2012 

CERTIFIED AND FIRST CLASS MAIL 

Mr. Daniel Rex Monlgonier>', President 

Montgomery Aviation, Inc. - -.- • . ..' 

Indianapolis Executive Airport 

11329 East State Road 32 ';'.'., 

Zionsvillc, IN 46077 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On March 28, 20! 1, Montgomery Aviation, Inc. (Montgomery) was advised through a Notice 

of Proposed Civil Penalty that the FAA proposed to assess a civil penalty against 

Montgomery in tiie amount of 55,500.00. 

After consideration of all of the available infonnation, it has been delemiined that: 

1. Montgomery now holds, and at all times mentioned herein held, Repair Station 

certificate number MYNR748K. 

2. At all times relevant hereto Montgomery had an employee training program in 

their manual which included a description of the training required and the type 

of records required to be made and kept to demonstrate compliance with the 

approved employee training program. 

3. Between September 1, 2009 and July 26, 2010, Montgomery failed to provide 

training, to their employees in accordance with the training requirements 

contained in their training program. 

4. Between September 1, 2009 and July 26, 2010, Montgomery failed to record 

any training provided to their employees in accordance with the training 

requirements contained in their training program. 
5. Between September 1, 2009 and July "26, 2010, Montgomery failed to assure 

that their employees received annual training program reviews, training needs 

assessments, and recurrent training, in accordance with the training 

requirements contained in their training program. 

6. Between September I, 2009 and July 26. 2010, Montgomery used employees 

who had not been trained in accordance with the training requirements 

contained in their training program. 

7. By failing to provide required training, by failing to record training given, by 

failing to conduct annual training program reviews, training needs assessments, 

and recurrent training, in accordance with the training requirements contained 

in their training program, Montgomery did nol, in fact, have an approved 

training program as required by 14 C.F.R. § 145.163(a). 

By reason of the foregoing facts and circumstances, Montgomer>' violated the following 

Federal Aviation Regulations: 

a. Section 145.163(a), which .slates that a certificated repair station must have an 

employee training program approved by the FAA that consists of initial and 

recurrent training. 

b. Section 145.163fb'). which states that the training program must ensure each 

employee assigned to perform maintenance, preventive maintenance, or 

alterations, and inspcciion functions is capable of perfomiing the assigned task. 

c. Section 145.163(c). which states that a certificate repair station must 

document, in a fonnat acceptable to the FAA, the individual employee training 

required under paragraph (a) of this section. 

In accordance with Title 49 of the United States Code, Section 46301 (49 U.S.C. §46301), 

Montgomery is subject to a civil penalty not to exceed $ I 1,000.00 for each violation of the 

regulations. Therefore, by reason of the foregoing facts and circumstances, we propose to 

assess a civil penalty in the amount of $5,500.00. 

Within fifteen (15) days after your receipt of this Final Notice of Proposed Civil Penalty, 

Montgomery must elect to either submit the full civil penalty amount of $5,500.00 or request 

a formal hearing. If you fail to respond with one of these alternatives, an Order Assessing 

Civil Penalty, requiring payment of the ftill amount of the proposed civil penalty, will be 

issued. 

Should Montgomery elect to submit the civil penalty, please mail or deliver a certified check 

or money order, payable to the Federal Aviation Administration, to the Federal Aviation 

Administration, Office of Regional Counsel, 2300 East Devon Avenue (AGL-7, Room 479), 

Des Plaines, Illinois 60018. Please include, on the certified check or money order, the FAA 

case number 2010-GL-11 -0096. 
In the alternative, you may pay your civil penalty with a credit card, or a bank account debit, 

over the lr\terr\ei. To pay electronically, visit the web site at http5://www.pav.aov. Under the 

Search Public Forms option, type in 'TGL-FINEI." Click on "Civil Penalty PaymentsGreat Lakes Region". You must then complete the requested information and click 

"Continue." You will then be directed to enter your credit card or bank account debit 

information. To use the bank account debit, you will need your bank routing number, account 

number, and check tiumber. 

Should Montgomer)' elect to request a formal hearing, Montgomery must file a typewritten or 

legibly handwritten request for hearing with the hearing docket clerk at: Hearing Docket, 

Federal Aviation Administration, 800 Independence Avenue, S.W., Washington, DC 20591, 

Attention: Hearing Docket Clerk, AGC-430, Wilber Wright Building - Suite 2W1000. 

Montgomery must also mail a copy of its request for hearing to the undersigned attorney at 

the address provided above. Your request must be dated and signed, in accordance with 

Section 13.16 of the Federal Aviation Regulations (14 C.F.R. 13.16), a copy of which was 

sent to you with the Notice of Proposed Civil Penally. 

Jeffrey A. Klang 

Regional Counsel 

Chris G Zlm-alej 

Senior Attorney 

J.C. Buehler, Esq. 

Buehler Associates 

777 East 86'" St. 

Box 40924 

Indianapolis, IN 46240-0924