U.S. Department ofTransportation Federal Aviation Administration



### NOTICE OFDOCKETING 800 Independence Ave., S.W. Washington, D.C. 20591

Please be advised that the complaintfiled by Skydive Myrtle Beach, Inc. ("complainant") against Horry County Department ofAirports ("respondent") filed under the Rules of Practice for Federally Assisted Airport Enforcement Proceedings, Title 14, Part 16 ofthe Code ofFederal Regulations ("14 CPRPart 16"), has been docketed by the Federal Aviation Administration's Office ofthe ChiefCounsel, as DocketNo. 16-14-05 on July 29, 2014. In its complaint, the Complainant named boththe Horry County Department ofAirports and Robinson Aviation, Inc. as respondents. Only airport sponsors may be properly named as respondents to a Part 16 complaint. A sponsor is defined, in 14 CPR § 16.3 as: I) Any public agency which, either individually orjointly with one ormore other public agencies, has received Federal financial assistance for airport development or planning under the Federal Airport Act, Airport and Airway DevelopmentAct or Airport and Airway Improvement Act; (2) Any private owner ofa public-use airport that has received financial assistance from the FAA for such airport; and (3) Any person to whom the Federal Government has conveyedproperty for airport purposes under section 13(g) ofthe Surplus Property Act of 1944, as amended. It appears that Robinson Aviation Inc. does not meet the requirements ofthis definition and, therefore, is not named as a respondent in this notice ofdocketing. The respondent, Horry CountyDepartment ofAirports, is required to file an answer to the complaint within 20 days ofthe date ofservice ofthis notice. See 14 CPR §16.23 (d). The answer shall deny or admit the allegations made in the complaint, and shall assert any affirmative defense. The answennay include

## a•motionto dismiss the complaint or any portionthereof, with a supportingmemorandumofpoints and authorities. See 14 CPR § 16.23 (h) and 

### G). In the alternative, pursuantto the procedures set forth in 14 CPR § 16.26, the respondent may file a motionto dismiss the complaint or a motion for summaryjudgment on the complaint in lieu ofan answer. The respondentmay

### •rrioVe for dismissal ofthe entire complaint ormove for dismissal ofspecific issues from adjudication. The motion mustbe filed within 20 days after the date ofservice ofthis notice ofdocketing. See 14 CPR § 16.26. Ifsuch a motion is filed under 14 CPR§ 16.26, an answer must be filed within 20 days ofthe date ofservice of an FAA order denying all or part ofthatmotion. See 14 CPR§ 16.23 (d).The complainantmay file a reply within 10 days ofthe date ofservice ofthe answer. The respondent may file a rebuttal within l0 days ofthe date ofservice ofthe complainant's reply. See 14 CFR § 16.23(e) and (f). The answer, reply, and rebuttal shall, like the complaint, be accompanied by supporting documentation upon which the parties rely. The answer, reply, and rebuttal shall each contain a concise but complete statement ofthefacts relied uponto substantiate the answers,,admissions, denials, or averments made. See 14 CFR § 16.23 (g) and (i). Amendments or supplenwnts to the pleadings will not be allowed without showing good cause through a nwtion and supporting documents. See 14 CFR § 16.23 

### G). All documents filed with the FAA in this proceeding shall be served (and include a certificate ofservice) by the persons filing them on all parties to the proceeding, and on the FAA atthe FAA Part 16 Airport Proceedings Docketllii:0(>600, Federal Aviation Administration, 800 Independence Avenue, SW, Washington, DC, 20591. See 14 CFR §§ 16.13 and 16.15. Unless otherwise specified, an executed original andthree (3) copies ofeach and every document shall be filed with the FAA Part 16 Airport Proceedings Docket. See 14 CFR § 16.13(c). Pursuant

### to 14 CFR § 16.13(f), electronic filing ofPart 16 documents is permittedunder the following guidelines:

• Parties may send e-mails containing their pleadings as an attachment. The attachment(s) shall be Adobe PDF file(s). The subject line ofthe e-mail must contain the names ofthe complainant and respondent, as well as the FAA docket number, ifassigned. The size ofthe email may not exceed 10MB.

• E-mail filings shall

**b~** seht tQ.th(F.J\A Docket Clerk at 9-AWA-AGC-Part16@faa.gov and the opppsin&',P@y{only ifthe opposing partyhas agreed with the complainant in writing to partiCipate in electronic filing, otherwise service must be made pursuant to 14 CFR §16.15.) The FAA will not provide any acknowledgement orreceipt to parties filing electronically.

• A party filing electronically must,provide the FAA Docket Clerk and the opposing party an e-mail add'fe'£sdesignating its representative to receive electronic pleadings and documents by e-mail.

• A party availing itselfofelectronic filing as described in this document and 14 CFR § 16.13 (h) waives its rights under Part 16 to service by any other means from the opposing party or FAA.

• A party filing electronically will include with its pleadings a certificate ofservice stating the method as electronic by or via e-mail. In regard to computation of time, the date ofthe e-mail is not included in the computation oftime under this part. See 14 CFR § 16.17 (a). Parties will startthe count as ofthe day following the date the e-mail was sent. 1

1Please note, this paragraph only exe,m.j>ts



### lh~p~ie~ from the filing requirements under 14 CFR §§ 16.13 (a), (b), and (c). Ifa party subsequently

**decid~s** to "opt-out" ofelectronic filing, it must notifY'·' ,-.I '

The Department ofTransportation (DOT)uses the govermnent-wide Federal Docket Management System (FDMS) at

**http://W\VW:~egulations.gov.** Accordingly, iffiling paper documents with the FAA, please ensure that at least one ofthe required copies is unboundand withouttabs. Exhibit numbers in unbound copies should be noted on the first page ofeach exhibit or in divider pages. The FAA will forward all electronic submissions (like the paper submissions) to FDMS for public viewing.

Jessi 1 regory Attorney, Airports LawBranch FAA Office ofthe ChiefCounsel

L.

the FAA Docket Clerk and opposing party in writing. See 14 CFR § 16.13 (h)(4). The electronic filing method may be used in lieu ofor in addition to the existing requirements set forth in Part 16.CERTIFICATE OF SERVICE I HEREBY CERTIFYthat on July 

## ./,!,2014, I caused to be placed in the United States Mail (first class mail, postage paid) or personally delivered a true copy oftheforegoing NOTICE OF DOCKETING addressed to: Robert G. Eastman P.O. Box 180 Charleston, SC 29402 robertgeastman@msn.com Counsel for Complainant David Bannard, Esq. Jeffrey Blease, Esq. Jaclyn Pitch Foley & Lardner LLP Ill Huntington Ave. Boston MA 02199 dbannard@foley.com Counsel for Respondent Pat Apone, Director Harry County Dept. ofAirports (HCDA) 1100 Jetport Road Myrtle Beach, SC 29577 Aponep@HorryCounty.org Robinson Aviation, Inc. 160 1NW Expressway Oklahoma City, OK 73118-1435 Richard.allen@rvainc.com

FAA Part 16 Airport Proceedings Docket (AGC-600)

Sliaron Long Airports & Environment 1LawDivision FAA Office ofthe ChiefCounsel