# Federal Aviation Administration 

# Memorandum

Date: To: From: Prepared by: Subject:

Overview: July 31, 2015 Thomas A. Winston, AS0-200, Division Manager Howard V. Hollis, Acting Manager, FSD0-13 Howard V. Hollis, Acting Manager, FSD0-13 Skydive Myrtle BeachParachute Issues Updated on 8/13/2015 (Below)

ASO-FSD0-13 visited with Arron Holly, owner ofSkydive Myrtle Beach (SMB) onthe morning ofJuly 29, 2015. This visit, as anticipated, did not produce any satisfactoryresults. Mr. Holly said that he is infull compliance with CFRpart 105, and does not believe that any parachutistthat lands in other than an authorized drop zone does anything wrong. I showedhim the five Mandatory Occurrence Reports (MOR) for the weekend, generated by ATC atNorth Myrtle Beach (CRE) as well as the Pedestrian deviation, and he believes they are all fabrications made up by ATC. He doesn'tthink that the tower should be atthis airport because there is little traffic. There is a part 16 lawsuit between Horry County, SC and SMB. The lawsuit is a result ofHorry County trying to get SMB offthe airport at CRE. The folks working the tower at CRE are contractors that work, through a third company, for Horry County. Because ofthe lawsuit, there has been nothing inwriting since the last agreement expired in 20 13. Therefore, there is nothing writtenthat allows, or doesn't allow, anything that is going on. Holly said that because there is nothing in writing, there is also no drop zone atthe airport that they are required to land in, and thatjumperscan, and do, land anywhere onthe airport. Mr. Holly believes that there is nothing wrong with landing onthe taxiway, as long as thejumper gets right off. He also believes that ajumper canland anywhere onthe controlled airport, because there is no current written agreement saying where they have to land. I told himthe reason I was there was to attempt to reduce the amount ofparachutist who land out ofthe drop zone, and to reduce the possibility ofpeople getting hurt. He said that that it not2 

### goingto happen. He says that no one has been hurt inthe three years they have been there, and there would not be any reduction inthejmnpers landing out ofthe drop zone, because the airport is where they can land, and not the drop zone as we know it. OnMay 31, 20IS, SMB putelevenjmnpers out over the airport, and three ofthem made to airport, and eight ofthem landed onthe beach, some 4500' away. This was done without FSD0- 13 providing authorization for themto land there. FSD0-13 has sentletters ofinvestigationto SMB, oneregular and one certified return request. SMB did not sign for the certified return receipt letter, and it was returned to us. The regular mail letter was notreturned. We have got no response from either letter. FSD0-13 is proceeding with this enforcement case. We could not prove that the PIC, Adam Mabry, got paid for the flight so we hadto close the EIR onhim no action. We also sent a regular mail letter to SMB, asking for the names and contact information ofthe eightjumpers. We are requesting an administrative subpoena from FAA Legal at this time, to get this information from SMB. 

### Mr. Holly nevermentioned that there were any risks involved or not. 

### Mr. Hollybelieves his company is doing everything correctly. No amount ofdiscussionthat I had with him changed anything. Update 8/12/2015 

### We are going to CRE on August 12, 2015 to look at the aircraft and records, inspect any parachute riggers that are there, and the equipment they are using, to ensure they are complying withthe rule. Ifwe are denied access, we will issue a PBR, as well as give a copy oftherule(s) saying we have the authorityto inspect. We will film this on a cell phone ifpossible. We should be able to do this because the inspectors likely will notbe allowed in their hanger. I have looked at the airworthiness file, and found that in a lot ofthe STC's applied to this aircraft, there are preflight items that have got to be done. We will look for that to happen. We will also try to see ifthere is a current W&B and equipment list for the aircraft. I need to know ifthere is enough fuel, with 14 people plus the PIC onthe aircraft at departure, to land withthe required reserve remaining. This will take some work, but we will try. 

### We will also try to hearthe briefing given to thejumpers, ifpossible. We got the Administrative Subpoena this morning. We are hand delivering ittoday. If

### they don't accept it, thru legalwe will get the US attorney involved.3 There were four MORsthis weekend. We cannot get copies until the Towermanager comes backonMonday. Two were concerns, one a Cessna Citationhad to stop onthe taxiway to let a parachutist get his chute off ofthe taxiway, and another when ajumperhadto cut away his main, and was away from the otherjumpers descending. Tower didn't see thisjumperbecause of the tower roof. They let an aircrafttakeoff, and although not close, was a concern because they didn'tknowthejumper was there. 8/13/2015 At 1645 on 8112/2015, FSD0-13 inspectors were denied access to the aircraft, records, any certificatedparachute riggers, and entrance into the hanger at SMB. We told him of the applicable rules that require the FAA to be allowed access to the aircraft and records. He told us to contact the owner ofthe aircraft, and we advised him that he is he operator. He also said the pilot does not work for him, but works for the owner ofthe aircraft. Following the denial, we presented ArronHolly with the Administrative Subpoenarequesting information about eight parachutist landing onthe beach on May 31, 2015. We also issue a Pilots Bill ofRights to him. The administrative subpoena was issued after SMB refused a certificated letter requesting this information, butthe letter sentregular mail was notreturned. This entire event was videoed by one ofthe inspectors, and was accomplished outside onthe ramp at CRE. We presume they videotaped it as well. We will continue working this issue and take the next steps. We have got to read the guidance and comply with it, whatever we do.

Background: The Part 16lawsuithas been going on since 2013, and since that time, Skydive Myrtle Beach has not had any written agreement with Horry County. This allows for SMB to land anywhere onthe airport, because nothing in writing, that is a current agreement, says anything different. Purpose/Goal: Something is going to have to get done bythe Division ofAirports and Horry County to somehow settlethis lawsuit, and either get the drop zone redone at the airport, ormove the drop zone offofthe airport. Otherwise, we will continue to have people landing on taxiways, runways, and may eventuallyhave someone hurt, or worse. Key Attendees/Individuals ofInterest ArronHolly Telephone is 901-322-3807 PIC AdamMabryTelephone is 606-776-6165Political Considerations/ Other Dynamics: We are told that Adam Mabry, the PIC mentioned above, has got enough hours to apply elsewhere, and is doing so at this time. Attachments: 4

We have attached a video, and still pictures ofa parachutist landing onthe ramp/taxiway area of the airport. These photographs and video show the parachutist land in front ofan aircraft, that aircraft stopping, and the parachutistpulling his parachute out ofthe way ofthe aircraft. Expected Questions & Suggested Answers: