# :FOLEY
FOLEY & LARDNER LLP

VIA ELECTRONIC MAIL Office ofthe Chief Counsel ATTN: FAA Part 16 Docket Clerk AGC-600 Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 9-AWA-AGC-Part-16 @faa.gov September 16, 2014 AITORNEYS AT LAW 111 HUNTINGTON AVENUE BOSTON, MASSACHUSETTS 02199 617

.342.4000 TEL 61 7. 342.4001 FAX WWW.FOLE Y

.C

OM WR ITER'S DIRECT LINE 617

.342.4033 dbannard@foley.com EMAIL CLIENT/MAITER NUMBER 103341 -0104

Re: Skydive Myrtle Beach, Inc. v. Harry County Dep ' t of Airports FAA Docket No. 16-14-05 Dear Sir/Madam: We represent Respondent Horry County Department ofAirports ("HCDA") in the above-referenced action. A copy ofthis letter is also being served on counsel for Complainant Skydive Myrtle Beach, Inc
. (" SDMB " ). We are in receipt ofa document entitled " Complainant's Statement ofMaterial Facts," which SDMB electronically filed on September 8, 2014. The rules promulgated at 14 CFR Part 16 ("Part 16 Rules " ) do not identify or provide for the filing of such a " Statement." We are therefore uncertain whether and how to respond, and through this letter seek the FAA's guidance in absence ofa rule on the subject. Ifthe aforementioned "Complainant's Statement ofMaterial Facts" is an Answer to HCDA ' s Motion to Dismiss pursuant to 14 CFR § 16.26(b)(3), then it was filed over a week late, and should not be considered. SDMB filed its Part 16 Complaint electronically on July 1, 2014, and therefore waived its right to service by any method other than email. 14 CFR § 16.13(h)(4). HCDA filed and served its Motion to Dismiss electronically on August 22 , 2014. SDMB's Answer was therefore due on September 2, 2014. 14 CFR §§ 16.26(b)(3); 16.17(b). No further response from HCDA would be necessary. Ifthe "Complainant's Statement ofMaterial Facts" is not an Answer pursuant to 14 CFR § 16.26(b)(3), then it is an unauthorized filing and, for that reason, should not be considered. See 14 CFR § 16.19(a) (providing that"[a]n application for an order or ruling not otherwise specifically provided for in this part shall be by motion" )
. No further response from HCDA would be necessary.

BOSTON BRUSSELS CHICAGO DETROIT JAC K SONVILLE LOS ANGELES MADISON MIAMI MILWAUKEE NEW YORK ORLANDO SACRAM ENTO SAN DIEGO SAN FRANCISCO SHANGHAI SILICON VALLEY TALLAHASSEE TAMPA TOKYO WASHINGTON, D

.C. 4833-4970-7294

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# :FOLEY

FOLEY & LARDNER LLP Office ofthe ChiefCounsel September 16, 2014 Page 2
Ifthe " Complainant's Statement ofMaterial Facts" is intended to be an entirely new Part 16 Complaint, HCDA would be entitled to a response under the Part 16 Rules
. In light ofthe uncertainty caused by the filing of " Complainant' s Statement of Material Facts," we respectfully request guidance on how the FAA will treat the document so that we can determine whether a response is necessary or allowed under the Part 16 Rules. Thank you in advance for your cooperation.

cc : Robert G. Eastman, Esq. , Attorney for SDMB Patricia Apone, Director ofAirports Jason Terreri, Assistant Director ofAirports Arrigo Carotti, Esq., County Attorney H. Randolph Haldi , Esq., Deputy County Attorney Jeffrey R. Blease, Esq. Jaclyn V
. Piltch, Esq.

4833-4970-7294.2CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing letter regarding "Complainant's Statement ofMaterial Facts" on the following persons at the following email addresses, by electronic mail in accordance with 14 CFR Part 16 § 16.13(h):

Office ofthe Chief Counsel ATTN: FAA Part 16 Docket Clerk AGC-600 Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 9-AWA-AGC-Part-16@faa.gov

Dated: September 16, 2014

4823-8331-4974.1 Counsel for Skydive Myrtle Beach, Inc. Robert G. Eastman, Esq. Eastman & Associates, LLC P.O. Box. 180 Charleston, SC 29402 robertgeastman@msn.com

David Y. Banna?t,Esq.