U.S. Department 

of Transportation 

Federal Aviation 

Administration 

NOTICE OF DOCKETING 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

Please be advised that the complaint filed by Skydive Myrtle Beach, Inc. ("complainant") 

against Horry County Department of Airports ("respondent") filed under the Rules of 

Practice for Federally Assisted Airport Enforcement Proceedings, Title 14, Part 16 of the 

Code of Federal Regulations ("14 CPR Part 16"), has been docketed by the Federal Aviation 

Administration's Office of the Chief Counsel, as Docket No. 16-14-05 on July 29, 2014. 

In its complaint, the Complainant named both the Horry County Department of Airports 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 or jointly with one or more 

other public agencies, has received Federal financial assistance for airport 

development or planning under the Federal Airport Act, Airport and Airway 

Development Act or Airport and Airway Improvement Act; 

(2) Any private owner of a public-use airport that has received financial 

assistance from the FAA for such airport; and 

(3) Any person to whom the Federal Government has conveyed property for 

airport purposes under section 13(g) of the Surplus Property Act of 1944, as 

amended. 

It appears that Robinson Aviation Inc. does not meet the requirements of this 

definition and, therefore, is not named as a respondent in this notice of docketing. 

The respondent, Horry County Department of Airports, is required to file an answer to the 

complaint within 20 days of the date of service of this 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• motion to dismiss the complaint or any 

portion thereof, with a supporting memorandum of points and authorities. See 14 CPR § 

16.23 (h) and G). 

In the alternative, pursuant to the procedures set forth in 14 CPR § 16.26, the respondent may 

file a motion to dismiss the complaint or a motion for summary judgment on the complaint in 

lieu of an answer. The respondent may •rrioVe for dismissal of the entire complaint or move 

for dismissal of specific issues from adjudication. The motion must be filed within 20 days 

after the date of service of this notice of docketing. See 14 CPR § 16.26. If such a motion is 

filed under 14 CPR§ 16.26, an answer must be filed within 20 days of the date of service of 

an FAA order denying all or part ofthat motion. See 14 CPR§ 16.23 (d). 
The complainant may file a reply within 10 days of the date of service of the answer. The 

respondent may file a rebuttal within l 0 days of the date of service of the 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 ofthe facts 

relied upon to 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 

of service) by the persons filing them on all parties to the proceeding, and on the FAA at the 

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 and three (3) copies of each 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 of Part 16 documents is permitted under 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 of the e-mail must 

contain the names of the complainant and respondent, as well as the FAA docket 

number, if assigned. The size of the email may not exceed 10MB. 

• E-mail filings shall b~ seht tQ.th(F.J\A Docket Clerk at 9-A WA-AGC-Part16@faa.gov and the opppsin&',P@y{only if the opposing party has 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 or receipt 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 itself of electronic 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 of service 

stating the method as electronic by or via e-mail. In regard to computation of 

time, the date of the e-mail is not included in the computation of time under this 

part. See 14 CFR § 16.17 (a). Parties will start the count as of the day following 

the date the e-mail was sent. 1 

1 Please note, this paragraph only exe,m.j>ts lh~p~ie~ from the filing requirements under 14 CFR §§ 

16.13 (a), (b), and (c). If a party subsequently decid~s to "opt-out" of electronic filing, it must notifY 
'·' ,-.I 

' 

The Department of Transportation (DOT) uses the govermnent-wide Federal Docket 

Management System (FDMS) at http://W\VW:~egulations.gov. Accordingly, if filing paper 

documents with the FAA, please ensure that at least one of the required copies is 

unbound and without tabs. Exhibit numbers in unbound copies should be noted on the 

first page of each 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 Law Branch 

FAA Office of the Chief Counsel 

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 of or in addition to the existing requirements set forth in Part 16. 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on July ./,!, 2014, I caused to be placed in the United States 

Mail (first class mail, postage paid) or personally delivered a true copy ofthe foregoing 

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. of Airports (HCDA) 

1100 Jetport Road 

Myrtle Beach, SC 29577 

Aponep@HorryCounty.org 

Robinson Aviation, Inc. 

160 1 NW Expressway 

Oklahoma City, OK 73118-1435 

Richard.allen@rvainc.com 

FAA Part 16 Airport Proceedings Docket (AGC-600) 

Sliaron Long 

Airports & Environment 1 Law Division 

FAA Office ofthe Chief Counsel