Q 

U. S. Department 

ofTraiisportaiion 

Federal Avi:ilion 

Administration 

In Reply 

Refer to; 

APR - ^ 2012 

DOCKET 

Great Lakes Region 

2300 East Devon Avenue 

DCS Plaines, Illinois 60018-4696 

AGL-7K 

2010-GL-l 1-0096 

March 26, 2012 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Building- Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Re: 

r-- ' 

s-^ 

""^^ ro 

\ j J 

V 

c s > - •;.•-. 

•- J'* ' ' r- ri 

;='-^^ ' T3 

1 1 ix;-^;j.---

zu-;:-'—, ~c^iL_i—1 

^§•3 Area Code 847 294-7313^-

r ^ j 

Montgomery Aviation, Inc. / pPt ^ 

FAACaseNo.: 2010-GL-l 1-0096 / ^i^Si-CiOd ^ 

CP number not yet assigned 

Enclosed herewith please find a copy of the Order Assessing Civil Penalty that was issued 

based on an agreement and settlement of this case. The matter can be dismissed as settled. 

If you have any questions, please do not hesitate to call me at (847) 294-7713. 

Sincerely,-

Chris Cj. Zum/es 

Senior Attorney 

Enclosure: Order Assessing Civil Penalty 

cc: J.C. Buehler, Esq. 

Buehler Associates 

777 East 86'^ St. 

Box 40924 

Indianapolis, IN 46240-0924 
o 

U. S. Department Great Lakes Region 

of Transportation 2300 l^ast Devon Avenue 

Des Plaines, Illinois 60018-4696 

Federal Aviation 

Administration 

In Reply 

Refer to: AGL-7K 

2010-GL-l 1-0096 

Area Code 847 294-7713 

March 26, 2012 

CERTIFIED AND FIRST CLASS MAIL 

Mr. Daniel Rex Montgomery, President 

Montgomery Aviation, Inc. 

Indianapolis Executive Airport 

11329 East State Road 32 

Zionsville, IN 46077 

ORDER ASSESSING CIVIL PENALTY 

On January 25, 2012, 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 

amount of $5,500.00. 

After consideration of all the available information, including the infoniiation presented by 

Montgomery and its attorney at the settlement conference held March 23, 2012 and the 

settlement reached on that date, it has been determined 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 recuiTent training, in accordance with the training requirements contained 

in their training program, Montgomery did not, 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, Montgomery violated the following 

Federal Aviation Regulations: 

a. Section I45.163fa). 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('b'), which states that the training program must ensure each 

employee assigned to perform maintenance, preventive maintenance, or 

alterations, and inspection fianctions is capable of perfomiing 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. 

This Order is being issued based on an agreement and settlement reached on March 23, 2012 

wherein Montgomery has waived all rights lo appeal or contest this Order. Montgomery also 

has agreed to withdraw their request for hearing before the FAA Hearing Docket and the 

Department of Transportation Office of Judges. 

NOW, THEREFORE, IT IS AGREED and ORDERED, pursuant to Title 49 of the United 

States Code, Section 46301(d) (49 U.S.C. §46301(d)), that Montgomery be and hereby is 

assessed a civil penalty in the amount of $3,666.00. 

In order to satisfy payment of the civil penalty, Montgomery is hereby directed to make 

payments of $305.50 per month, by certified check or money order, beginning May 1, 2012, 

payable to the "Federal Aviation Administration", to the Accounts Receivable Branch, 

FAA/MMAC AMZ-350, PO BOX 25770, OKLAHOMA CITY, OK 73125. Please include, 

on the certified check or money order, the FAA case number 2010-GL-l 1-0096. 
In the alternative, you may pay the civil penalty with a credit card, or a bank account debit, 

over the Internet. To pay electronically, visit the web site at https:/Avww.pav.Gov. Under the 

Search Public Forms option, type in "FGL-FfNEl." Click on "Civil Penalty Payments -

Great Lakes Region". You must then complete the requested infomiation 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 number. 

If any installment remains unpaid for a period of 10 days after its due dale, the entire amount 

of the obligation, less payments made, shall become immediately due and payable at the 

option of the Regional Counsel without demand or notice. Interest on this indebtedness is 

waived as long as Montgomery makes payments in accordance with the schedule set forth 

above. If Montgomery is delinquent in making any payments, interest may be assessed on the 

amount owed. Further, a failure to make payments in accordance with the payment schedule 

may result in the imposition of an administrative charge for the cost of administrative 

collection action and penalties for payments that are delinquent for ninety or more days. 

Delinquent debts may be reported to consumer reporting agencies or commercial credit 

bureaus, which would adversely affect Montgomery's credit rating. Nonpayment of this debt 

may ultimately result in a referral to a collection agency, the Internal Revenue Service, or to 

the United States Department of Justice for enforced collection. 

Finally, you must execute the enclosed Promissory Note, which details the terms and 

conditions of the payment of the civil penalty. This note must accompany your first 

installment payment to the Federal Aviation Administration, Office of Accounting. Failure 

to execute this promissory note, and return it with Montgomery's first payment on or 

before May 1, 2012 will result in the entire $3,666.00 civil penalty assessed herein 

becoming immediately due. 

Jeffrey A. Klang 

Regional Counsel 

By: 

Original Signed By 

Cliris G Zurales 

Senior Attorney 

J.C. Buehler, Esq. 

Buehler Associates 

777 East 86'" St. 

Box 40924 

Indianapolis, IN 46240-0924 
PROMISSOR Y NOTE 

Montgomery Aviation, Inc. 

2010-GL-11-0096 

STATE OF: Indiana 

This promissory note is for a sum justly due and owing by Montgomery Aviation, 

Inc., (Montgomery), arising from a civil penalty agreed to and administratively assessed by 

the Administrator of the Federal Aviation Administration (FAA) in FAA Enforcement 

Investigative Report (EIR) No. 2010-GL-l 1-0096. 

I, Daniel Rex Montgomery, President, Montgomery Aviation, Inc., promise on behalf 

of Montgomery, to pay the amount of Three Thousand Six Hundred Sixty Six Dollars 

($3,666.00) to the order of the FAA in installments of at least Tliree Hundred Five Dollars 

and Fifty Cents ($305.50) each, to be received before the P' day of each month, beginning 

with the month of May 2012, and continuing each month thereafter until ftilly paid. 

I also waive on behalf of Montgomery, all rights to appeal the amount of civil penalty 

administratively assessed by the Administrator of the FAA in EIR No. 2010-GL-l 1-0096. 

These installments are payable to the order of the "Federal Aviation Administration" 

at the FAA Office of Accounting, Accounts Receivable Branch, FAA/MMAC AMZ-350, PO 

BOX 25770, OKLAHOMA CITY, OK 73125, on or before each due date until the obligation 

is paid in full. If any installment remains unpaid for a period of 10 days after its due date, the 

entire amount of the obligation, less payments made, shall become immediately due and 

payable at the option of the FAA Regional Counsel without demand or notice, which I, on 

behalf of Montgomery expressly waive. 

1 understand that interest on this indebtedness is not included in the amount of the debt 

as long as Montgomery makes payments in accordance with the schedule set forth above. If 

Montgomery is delinquent in making any payments, interest will be assessed on the amount 

owed. Further, I understand that failure to make payments in accordance with the payment 

schedule will result in the imposition of an administrative charge for the cost of administrative 

collection action and penalties for payments that are delinquent for 90 or more days. 

I authorize and empower the FAA Regional Counsel, or any attorney delegated by the 

Regional Counsel, or any attorney of any court of record. State or Federal, to appear for 

Montgomery and to enter and confess judgment against Montgomery for the entire amount of 

.this obligation less payments actually made at any time after the obligation becomes due and 

payable, as herein provided, in any court of record. Federal or State; to waive any venue 

requirement in the suit; to release all errors that may intervene in entering a judgment or in 

issuing any execution on the judgment; and to consent to immediate execution of the 

judgment. 1 hereby ratify and conftrm all that such attorney may do by virtue of this 

paragraph. 
This confession of judgment is for a debt justly due and owing by Montgomery, 

having arisen from a settlement reached in FAA Enforcement Investigative Report (EIR) No. 

2010-GL-l 1-0096. 

If Montgomery defaults or fails to ftilly carry out the obligations of this promissory 

note, the FAA may sue to enforce this note for collection. 

Date Signature of Daniel Rex Montgomery, President 

Montgomery Aviation, Inc.