BEFORE THE FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. ) FRANK HINSHAW, SKYDIVING SCHOOL, INC., ) d/b/a SKYDIVE HA WAil and ISLAND SKYDIVING, L.L.C. )) Complainant, ) 

### ) 

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# fni UULMAH - 21on

# 1~ AIRPORT/EriVIRONM ENTAL LAW, AGC-GOO

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vs. ) DockefNo.: NotYetissued 

### ) THE STATE OF HAWAII 

### ) ) Respondent 

### )

14 CFRPart 16 COMPLAINT Please Serve: Richard J. Durden RichardJ. Durden, Attorney at Law 27987 Richmond Hill Rd. Conifer, Co. 80433 T: 616/901-6516 avlawyer@.vahoo.com Counsel for Complainant


### L Entities/Persons That Are the Subject ofthe Complaint Frank Hinshawbrings this Complaint for himselfand as the owner ofSkydiving School, Inc., a Hawaii corporation and its d/b/a, Skydive Hawaii and managing partner oflsland Skydiving, LLC, a Hawaii Limited Liability Company; the pertinent address is P. 0. Box 75520, Honolulu, Hawaii, 96836 ("Complainant"). Complainanthas been operating commercial skydiving services as an aeronautical user ofState-owned airports in the State ofHawaii (The "State") since the 1980s. 1The State is the owner and operator ofthe two airports, HanaAirport ("Hana" or "HNM") on the island ofMaui andUpolu Airport ("Upolu" or "UPP") on the island ofHawaii that are the subject ofthis Complaint. As represented by counsel, Complainant makes the following Complaint underFAA Rules of Practice For Federally-AssistedAirportProceedings, 14 Code ofFederal Regulations 

### ("CFR''):Part 

# U>;foi violations of49USC 

### §§ 47167,

### 401o3(e)and (hintAssurances 

### 5, 

## RTghis andPowers, 22, EconomicNondiscrimination, and 23, Exclusive Rights, failure to comply with grant obligations and Federal AviationAdministration Order 5190.6B,Airport Compliance Manual, and Advisory Circulars prohibiting establishment ofexclusive rights at an airport, unjust discrimination against a commercial aeronautical activity seeking airport access and the establishment ofarbitrary, unattainable and discriminatory standards for a commercial aeronautical activity seeking airport access, against the State ofHawaii ("State") as the owner and sponsor ofHana and Upolu airports, as will be more fully set out below. The State ofHawaii, through its Administrator, Department ofTransportation, Airports Division, maybe reached at 400 Rogers Boulevard, 7th Floor, Honolulu, Hawaii, 96819-1880. Uponinformation and belief, the post ofAdministrator is currently vacant; the duties are being handled by other employees ofthe department.



### II. 14 CFR §16.21 Certification

OnJuly 17, 2007, Complainant made a request to begin commercial skydiving operations
onto the Hana Airport. (Exhibit I) The State did not respond until October ofthatyear; then statingthat due to changes in use ofthe HanaAirport, itwould need some time to determine if 2

### skydiving could be conducted safely. (Exhibit 2) The State asked the FAA to evaluate the safety ofskydiving onto Hana Airport. On November 20, 2007, the FAA concluded that it could be conducted safely ifproperly coordinated. (Exhibit 3) Nevertheless, after a delay ofmore than
a year afterthe initial application, the State responded to Complainantwith a denial based on safety. (Exhibit4) During thetime 

### itwas hiking the State to make a deCision on Hma, Complainant approachedthe State regarding the possibility ofestablishing commercial skydiving operations
on other airports inthe State, including specific dates for skydiving on Upolu. On April10, 2008, the State approved skydiving at Upo1u on those dates. (Exhibit 5) Following the State's denial at Hana, Complainant, the State andthe FAA carried on an email and telephone correspondence regarding skydiving safety at Hana Airport. Forthe sake of brevity, this extensive correspondence is not attached to this Complaint. The correspondence between Complainant and the State lead to an FAA safety study for skydiving at Hana. OnMarch 16,2009, the Honolulu FSDO found that skydiving couldbe conducted safely atHana. (Exhibit 6) The State disagreed. Complainant sought and obtained Part 16.21 mediation conference with the State andthe FAA regarding skydiving in Hawaii and specifically on Hana Airport. (Exhibit 7) Ittook place on October 7, 2009 inthe FAA's offices in Honolulu. (Exhibit 8) At the mediation conference, the State agreed to come up with skydiving rules for operations at Hana. It 

### again delayed more than a year before doing so, coming out with proposed rules in 2011. (Exhibit 9) Complainant responded to the proposed operational rules with suggested amendments in both March and June 2011.



### 3

### Since that time, the State has notjust delayed intaking action, it has simply done nothing. The proposed rules have notbeen fmalized, with or without Complainant's suggestions. He has been, therefore, unable to begin operations on Hana Airport. Because ofthe lack ofaction by the State and response to Complainant's inquires, and
even though it had received permission to operate skydive onto Upolu Airport, Complainant wrotetothe State

## igairi., iriosfreceni:ly

## ori December 

### 15, 20

## n,askirigfoi- corifiiiriaiiori thatIthad permissionto operate a commercial skydiving operation onUpolu. (ExhibitlO) No response has
ever beenreceived. The State ofHawaii has effectively denied access to Hana andUpoluby the creative approach ofrefusing to do anything. By signature ofcounsel, below, Complainant hereby certifies that ithas undertakenthe pre-complaint resolution actions outlined above.



## m. Factual Background



### A. Complainant. Frank Hinshaw is an experienced skydiver who has operated commercial skydiving services since the 1980s. He is the owner ofSkydiving School, Inc. and its d/b/a, Skydive Hawaii and managing partner ofisland Skydiving, L.L.C. He currently provides sport parachuting services on Dillingham Airfield onthe island ofOahu.

B. The Airports.

4

### Hana Airport is a non-towered, single-runway airport onthe island ofMaui. Ithas two aircraft based onthe airport and has limited 14 CFR 

### § 135 service. For further information see: http://hawaii.gov/hnm Upolu is a non-towered, single-runway airport onthe island ofHawaii. It

### has one aircraft based onthe airport and no air carrier service. For further information see: http://hawaii.gov/upp

C. Application. Complainant applied to operate a commercial skydiving service at Hana Airport on July 17, 2007. (Exhibit 1) He has also requested to erect a hangar onthe Hana Airport to supportthe servtce.Because ofdelays with the application at Hana, Complainant applied to operate a commercial skydiving service at other airports in Hawaii, including UpoluAirport inthe winter of2008. He requested dates certain (in April2008) for initialjumps at Upolu. The State gave its approval onApril 10, 2008. (Exhibit 5) He has requested to erect a hangar on Upolu Airportto support the skydiving service.

D. Approval and Denial. As stated above, the State approvedjumps onto Upolu but the approval letter did not mention the application for a commercial service onthe Upolu Airport and did not respond to the requestto erect a hangar. The FAA made an evaluation ofskydiving safety at the Hana Airport and found itcould be conducted safely with appropriate safeguards inplace. (Exhibit 3) The State denied the 

### 5application for airport access at Hana for Complainant's business on August 11, 2008, citing safety as the reason. (Exhibit 4)

E. FAA Involvement. Following the denial ofaccess at the Hana and other airports in Hawaii, Complainant soughtoutassistitriceTroiri theFAA.··
..There was extel1sive.correspoiidenc£between the·state; the FAA and Complainant. As stated earlier, the vast majority is not provided here because of volume. The FAA conducted a safety study regarding skydiving onto the Hana Airport; on March 16, 2009, it concluded it couldbe done safely. (Exhibit 6) The State disagreed. Additional correspondence ensued and Complainant, through counsel, requested a Part 16.21 mediation conference with the State andFAA. (Exhibit 7) The mediation conference was held on October 7, 2009. At the conference, the State agreed to allow skydiving onto the Hana Airport andto provide operating rules.

F. Draft Rules, Hana. The promised draft operating ru1es were not forthcoming until early 2011. (Exhibit 9) After receivingthem, Complainant noted that they did not allow equal access to the Hana Airport with other users (only when the Airport was not being used by anyone else), had other restrictions that were inconsistent with the FAA's safety findings and did not address his request to erect a hangar. He twice responded to the State with suggested amendments and again asked for approval to erect a hangar.

6

### H. State's Failure to Act. Since that time the State has done nothing. It has not provided the final rules and has not approved Complainant's operation at Hana. Because ofthe State'sbehavior and the language ofthe initial approval to operate at Upolu, Complainant again sought approval to operate a commercial skydiving service onthe tJpolu Airport, most recently in a letter ofDecember 15, 2011. (Exhibit 10) The State has neverresponded. Withthis Complaint, Complainant asserts that the State's tactic oftaking no action to complete the approval ofComplainant's service at Hana and Upolu Airports constitutes denial of
access inviolation ofthe Grant Assurances.



### IV. Violations by 

### the State ofHawaii

A 

### Applicable Law 49 USC§ 47101, etseq., 

### provides for Federal airport financial assistance for the development ofpublic-use airports under the Airport Improvement Program (AlP) established by the Airport and Airway Improvement Act (AAIA), as amended. 49 USC§ 47107, etseq., 

### sets forth assurances to which an airport sponsor agrees as a condition ofreceiving Federal financial assistance. Upon acceptance ofan AlP grant, the assurances become a binding contractual obligation between the airport sponsor and the Federal government. The assurances made by airport sponsors inAlP grant agreements are important factors in maintaining a viable national airport system. [See 

### Florida Aerial Advertising v. St. Petersburg-Clearwater International Airport, FAADocket No. 16-03-01, Director's Determination (December 18, 2003).] 

### 7The FAAhas a statutory mandate to ensure that airport operators comply with the sponsor assurances. 49 USC§ 47107(a) states, inpart: "General Written Assurances.

- The Secretary ofTransportation may approve a project grant application under this subchapter for an airport development project only ifthe Secretary receives written assurances, satisfactory to the Secretary that- (1) the airport will be availablefor public use onreasonable conditions and without unjust discrimination;
. " As a recipient offederal grants for its airports, the State ofHawaii provided written
assurances ofcompliance with its obligationto make its airports available for public use for all types ofFAA-recognized activities, including skydiving, without unjust discrimination. The owner ofany airport developed withFederal grant assistance is required to operate the airport for the use and benefit ofthe public andto make it available to all types, kinds, and classes ofaeronautical activity onreasonable terms, and without unjust discrimination; see Grant Assurance 22, EconomicNondiscrimination, ofthe prescribed sponsor assurances which implements the provisions of49 USC§ 47107(a)(l) through (6). Specifically, Grant Assurance 22 states, inpart, with regard to the airport owner/sponsor: "a. It will make the airport available as an airport for public use and onreasonable terms and without unjust discrimination to all types, kinds and classes ofaeronautical activities, including commercial aeronautical activities offering services to the public atthe airport. Grant assurance 5, Rights andPowers, obligates an airport sponsor to refrain from any actionthat will deprive it ofrights and powers to perfonn in accordance with the requirements of the Grant Assurances. Among the responsibilities ofan airport sponsor is to make the airport available for all types and classes ofaeronautical activities. Grant assurance 23, ExclustveRights, implements statutory provisions 49 §§ 47103(3) and 47107(a)(4) providing, in summary, thatthere shall be no exclusive right for the use ofany 8landing area on which Federal funds have been expended andthere will be no exclusive right for the use ofthe airportby any person providing or intendingto provide, aeronautical services to the public. An exclusive right is defined as a power, privilege, or otherright excluding or debarring another from enjoying or exercising a like power, privilege, orright. 

### [See Florida Aerial Advertising, above.] Such a right conferred on one or more parties, but excluding others from enjoying or exercising a similar right orrights would be an exclusive right. [FAA Order 5190.1A, 

### Exclusive Rights atAirports, p. 1] 

### Itis the FAA's policy thatthe sponsor ofa federally obligated airport will permit no exclusive right for the use ofthe airport by any person providing,
or intendingto provide, aeronautical services to the public
... will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities. [FloridaAerial Advertising] The application ofany unreasonable or unjustly discriminatory requirement or standard to proposed aeronautical use ofsuch airports is considered a constructive grant ofan exclusive right contrary to applicable law andFAA regulations. [Florida Aerial Advertising] By unreasonably denying access to a proposed aeronautical activity, an airport sponsor is in violation ofthe exclusive right prohibition. FAA Order 

### 5l90.6B,Airport Compliance Manual, describes in detail the responsibilities assumed bythe owners ofpublic-use airports developed with Federal assistance. It clearly defines parachute activities as an aeronautical activity and gives that activity no greater or lesser weight than other aeronautical activities protected by grant assurances. Chapter 14 explains that parachute activities are given equal access to airports developed with Federal assistance as are all other defined aeronautical activities. 

### 949 USC§ 40103(e) prescribes, in part: "No Exclusive Rights at Certain Facilities.--A person does not have an exclusive right to use an air navigation facility on which Government money has been expended." FAA Advisory Circular AC150/5190-6, was created bythe FAA to provide guidance to airport sponsors in complying with the statutory prohibition on granting ofexclusive rights (49 USC 

### §40103(e) and unjustly discriminating against aeronautical users ofairports. 

### Itmakes clear in Section 1.2 Agency Policy: "An exclusive rights violation occurs whenthe airport sponsor excludes others, either intentionally or unintentionally, from participating in an on-airport aeronautical activity." (emphasis added)
In section 14.3 ofFAA Order 5190.6B, quoting Grant Assurance 22, the FAAmakes it clearthat: "an airport sponsor may prohibit or limit any given type, kind or class ofaeronautical use ofthe airport ifsuch action is reasonable or necessary for the safe operation ofthe airport or necessary to serve the civil aviation needs ofthe public." The FAAhas a statutory mandate to ensure that airport owners comply with sponsor
assurances under the Federal Aviation Act and Airport and Airway ImprovementAct of 1982 as amended and recodified, specifically under the statutes referenced above. FAA Order 5190.6B provides the policies and procedures to be followed by the FAA in carrying out its legislatively mandated functions relatedto federally obligated airport owners' compliance with their sponsor
assurances. The FAA monitors the administration ofthe valuable rights pledge by airport sponsors to the people ofthe United States in exchange for monetary grants to ensure the public interest is being served. The FAA considers it inappropriate to provide Federal assistance for improvements to airports where the benefits ofsuch improvements will not be fully realized due 10

### to inherent restrictions on aeronautical activities. [See Skydive Paris, Inc. v. Henrv County, Tennessee, FAA DocketNo. 16-05-06, Director's Determination (January 20, 2006).]

B. Specific Violations Bytaking no action, by refusing to 

### act, the State has violated Grant Assurance 5, as its inaction effectively deprives it ofrights and powers to perform in accordance withthe requirements ofthe Grant Assurances; Grant Assurance 22, because the airports are not available for public use for all types, kinds and classes ofaeronautical activities and Grant Assurance 23, because its inactionhas excluded Complainant from enjoying a use privilege onthe airports.



### V. How Complainant Has Been Affected
Complainant and his company have simply been unable to take any action inpursuit of business on the Hana and Upolu Airports because the State has refused to institute the ru1es for skydiving on Hana and confirm that it may take place onUpolu. Complainant has incurredthe costs ofinstituting this Complaint against the State because the State has refused to do the work it is obligated under the grant assurances.



### VI. ReliefDesired
Complainant seeks an Order from the FAA requiring: That the State ofHawaii issue, within 30 days, confinnation ofits approval for Complainant to begin parachute operations at the Hana Airport, and its approval for Complainant 11to erect a hangar at that airport; andthat the State ofHawaii issue, within 30 days, confirmation ofits approval for Complainantto begin parachute operations at the Upolu Airport, and its approval for Complainant to erect a hangar atthat airport.

Dated: February 29, 2012

12 Respectfully submitted,
Richard J. Durden, Attorney at Law Attorney for Complainant By: den ondHill Road Conifer, Colorado 80433 (616) 901-65156CERTIFICATE OF SERVICE 

### I hereby certify that I have this day servedthe foregoing 14 CFRPart 16 Complaint on the following person atthe following address by overnight delivery: Administrator, Department ofTransportation, Airports Division 400 Rogers Blvd. 7th 

### Floor Honolulu, Hawaii 96819-1880 Dated this 29th day ofJanuary, 2012

# Gt~ 

# il Skydiving at Hana 2 messages Frank Hin&haw <frankhln&haw@yahoo.com> To: airmaui@hawaii.gov

Aloha, Frank Hin&haw <frank.hin&haw@gmail.c:om>

Tue, Jul 17,2007at2:15 PM
How may Imake arrangements for tandem skydiving operations at Hana Airport? We would like to tie down a Cessna 206 and have operations between 1 O:OOam to 3:00pm beginning October 1, 2007. Sincerely, Frank Hinshaw Skydive Hawaii

# Gr~ Frank Hinshaw <frank.hinshaw@gmall.com> 

## Re: Hana skydiving operations 3 messages Frank Hinshaw <frankhlnshaw@yahoo.com> Fri, Oct12, 2007 at 9:43AM To: roy.sakata@hawaii.gov Cc: Clarence Lopez <ciarencelopez@hotmail.com>, Phil Nemey <psnemey@yahoo.com>, dale.tsubaki@hawaii.gov, Kathleen.N.Wade@hawaii.gov, martinez.jacobs@hawaii.gov

Aloha Mr. Sakata, Contact has not been made to schedule any type of meeting. The FAA does not appearto want or need to take any action on this matter. Skydi-..ing at Hana Airport is presently authorized to another company, so I am ha-..ing some difficulty understanding how my request changes anything at Hana Airport. I have offerred to use another state airport on Maui ifyou prefer. We would like to start using Hana Airport next week for skydi-..ing operations. How long to you intend to allow these excuses to delay the request to lawful use of a federally funded state airport? Blue skies, Frank Hinshaw roy.S!!kala@bawail.qovwrote:

Mr. Frank Hinshaw, Iapologize for this late acknowledgement ofyour request to conduct skYdi-..ing operations at the Hana Airport. There have been significant changes to the Hana Airport which warranted deeper fe\Aew Into your request. 1. Hana Airport has been recently certificated under Part 139 due to the scheduled air carrier operations by an aircraft designed with a seating capacity over 9 seats. Pacific Wings with its Cessna Gara\IBO aircraft with a design capacity of up to 14 seats, compelled the State of Hawaii to upgrade the Hana Airport to meet Part 139 requirements. With this new Part 139**certi~cation,** the State queried the FAA· AIRPORTS, the AIR TRAFFIC and the FLIGHT STANDARDS dl-..isions fortheir re-..iew and inputs to this new operation being asked at the Hana Airport. This re-..iew is ongoing. 2. The next step would probably be a meeting with all related representatives i,e, FAA- All Di-..isions, commuter alr carriers and Airport 01-..ision personnel. Will notllY you as soon as this can be established. As of yesterday, a new permanent Maul Airports District Managerwas selected. Mr. Mar-..in Moniz will be the new manager starting on November 1, 2007. Wewill be working together as we transition responsibilities. Your request is being addressed. Thank you, Roy K. Sakata Acting Maul Airports District ManagerConfidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and/or pri..,leged information. Any re..,ew, use, disclosure, or distribution by unintended recipients is prohibited, If you are not the Intended recipient, please contact the sender by reply e-mail and destroy aU copies ofthe original message.

Frank Hlnshaw <frankhiUfhaW@whoo,com> 0912712007 09:56AM To Roy Sakata <roy Sf!kata@hawii.gop cc Phil Nerney <mnemey@yahoo.com>, ctarence Lopez

<c!arencelopez@hotmai! com> Subject Hana skydlvfng operatlotts



### Aloha Mr. Sakata, It has been over a month since Ihave requested your permission to conduct a lawful aviation activity at Hana Airport. Ihave been advised that your staff has determined that my request is not safe, but neitheryourself, your staff northe FAA has been able to advance a single example of how my request would be unsafe. Since another company is aUowed 

### to conduct skydiving operations at Hana Airport, I have a hard time understanding a rational basis forthe position taken byyour staff. I would be willing to show you video of mystaff conducting skydiving operations at Hana Airport as recent as 2005 with anotheroperator. Ibelieve ample time has been provided 

### to formulate a basis foryour staffs determination that my request is unsafe. 

### Ifyou believe that skydiving operations would be safer at Kapalua Airport, that could be considered. Since you have chosen not addressed my request made overa month ago, Iagain request your approval for my skydiving operations under FAR 105 be conducted at Hana Airport. Blue skies, Frank Hinshaw Don't let your dream ride pass you by. Make 

### it a realitywith Yahoo! Autos.
Fussy? Opinionated? Impossible to please? Perfect. Jojn Yahool's user panel and fay it on us.
Frank Hinshaw <frank.hlnshaw@gmall.com> To: Go\Relations@uspa.org

--Forwarded message-- From: Frank Hinshaw <ftankhinshaw@yahoo.CQm> Fri, Feb 13, 2009 at 12:31 PM**U.S.Oep.":l~l** of**rr~x.....-::"J~icn** Fedwol Avtoflon Administto1ion Novl!mber 20, 2007 Department OfTransportation Airports Division, Operations Br.ar.:::h Mr. Roy Sakata Suite 700, Inter-Island Terminal 400 Rodgers Blvd. Honolulu, Hf 96819**D•~3r** Mr. Sakma: Hc>nn'';'tJ**H.gh~ S:n:-L!,~dll** **~!-"i':-' c~~r**  13!\ Na:<;c!Q**P!~::-e** Hot.o!ulu, HI**96819-~843** (8C8) !!31-8350 (S:'i-S)**637.1)3991<~-cr~~ire**

This !ct1er is \r, response to your ca;;ccrns ofpilrachuting**acth·iti~s** ::::the H;!na. i "il a!rpon. Regulations 14 C'FR Pnrt 105 covers parachuting requirements in lhw- ]\'.;!tio:1al Airsp<!.cc System (NAS). The responsibility for safe- parnchcting opcr--..1ions rests with th-e**pm-.1r.h~ttist** and the pllot-in-comma.nd of the aircraft fi-om which the parochutc jump opct·ations originate. This rule covers th(.! entire gamut of oper11tions, including the reqllircment ro obtain permission ofthe airport**ma.'"l~jler** for parachute operations over or into his airport. All types and fonns of avir..tion operations routinely occur safely on a d::ily basis in the NAS, including o.n, ar-ound, and O\·er.tinto airports. These 11umcrous events take p1:.tcc- safely becuuse participantS- willingly adhere to the federal aviation rcg:1\mions and**ac;:cp~::d** published practices. Published pr2ctiees I refer to ore found in numerous public111irms, such as, Adviscry Circulars (AC). Airman Infom:ation Manu.a1. indllstry and trade public::tions, and local standard operatingprocedures (SOPs). Further, local communicati(m**ht!~wccn** the various i.lirsp:t.cc users and airport management foster the: basis for a vibr:lnt safety cult>;:-e. In a recent**con~..·crsution** with Larry \\"ilkir:son, your conccms were**discus~;:.\i** ;loout parachuting operations over and into rhc Hana airport. All ofthe**n~ctors** that \\-;:rc**discu.~(':l** c-oncerning these types of op::-mti011s at H;;tna_ such as the**r~-dl!ral** rcgd:i!tions. :JI"c:!r<cj prm:tices, local weather phcnomc-JlOn.**m~x** ofaitc.r:lft ope-rn1ions, md cmnmunicar\ons. de., arc ull \":!lid" concerns and should be considcrl!d by<:II participants. We would suggest a rmrnbcr of steps to address these concerns. First, frequent. scheduled airport**~tscr** meetings should be held, invohing all tenants,**~II** airport**~s,-rs,** scheduled andJor on.dcmand operators. parachutists and pilots. and airport m:J.n-agcmen: to incrc:!Sc**awareness~** nddress concerns, foster a safely culture, and open communicatiims**bc~vcen** the airport users. Second, the airport management should develop ar;d make :n'"3ilabh:: tmt! distribute a SOP to all current and potentia! users ofthe airport. The SOP should contain instructions addrcssir.g the various types ofoperations tha:t coWd occur at the <'lirpnrt and the airport management cxpectttt\ons ofhow these operations could blend smoothly and S":!feiy at the airport. Third, airport management should closely monitor activities at the airport In ensure the safest possible operati-ons. If it is reported or dercmdned that safety is being impacted, all users should be encouraged to report this to airport r!l;!!l.::!.g_emcnt ::md 1he FAA for appropriate investigation., i ' '
' 

# r 2 Ultimately, 14 CFR Part 105 requires the parachutist to obt2in pcnnission from airport managementbefore conducting opern.tions over orinto that airport. Ihope Ihave provided you withinformation you \vill fi!'ld useful in m:Jking yocr .decision on parachute operations at the H:ma**~.irport,** Sincerely, ';Jd£.:_;:,-;
....**·,t{~** Wil!i<Jm L. Miller Acting Manager, Honolulu FSDOMr. Frank Hinshaw STATE OF HAWAII DEPARTMENT OF TRANSPORTATION AIRPORTS DIVISION 400 Rodgers Boulevard. Suite 700

Honolulu, Hawa!i 96819-1800

Augusl II, 2008

1717 Ala Wai Boulevard, #1106 Honolulu, Hawaii 96815 Dear Mr. Hinshaw: SRENNON T. MORIOKA DIAECTOR Oel!L<lY**Od<:ett~~5 l.~lCi'IAEl**  D •DAAlBY FF!ANC!S PAUL KE'I:'/!.0 BRIM> H SEO(t{;UC!-!1 INI'tEPLYR£F£RfO

AJR-LG**OX.!:!S~**

After a careful review and assessment, we are unable to approve your request to conducl parachute operations at Hana Airport due to the following safety and operational considerations. I. The single Department of Transportation, AitPorts Division employee at Hana would be unable to provide adequate monitoring ofthe activity to ensure safety. 2. Access to a drop zone at the approach end ofRunway 8 or along either side ofthe runway would require movement on or ncar the runway creating potential conflict with aircratt traffic. Personnel and equipment present at the drop zone would also constitute a hazard. 3. A drop zone at the approach end ofRunway 8oralong either side ofthe runway creates .a potential conflict with local aircraft traffic. There are no air traffic control (ATC) services at Hana, nor is there a UNICOM operator to provide traffic and safety advisories to pilots in lhe area. Moreover. as an uncontrolled field, there is no regulatory requirement that aircmft using Hana be equipped wirl1 two-way radio capability. 4. in rhe evem ofan accidenr and/or injul)', there is very iimitcd emcrgcnt:y rc3pon;-;c capability to the airport, Airport Rescue and Fire Fighting (ARFF) capability has been reduced effective July, 2008. Limited City and County assets responding to a parachuting accident or injury \VOuld leave the Hana area without emergency response coverage. As a recipient offederal grant funds for Hana Airport, the Hawaii Department ofTrtJnsportation, Airports Division (DOTA) is obligated to meet certain Grant Assurances. Specific to this issue is Grant Assurance 22. Economic Nondiscrimination. Specifically, while Section 'a' states that the sponsor ,;will make the airpon available as .an airport for public use on reasonable terms and without unjust discrimination to all types. kinds and classes ofaeronautical activities
...", Section •j' states thal "The sponsor may prohibit or limit any given type. kind or class of aeronautical usc ofthe airport ifsuch action is necessary for the safe operation ofthe airport
...."Mr. Frank Hinshaw August 11, 2008 Page 2 AIR·LG 08.1258

Advisory Circular 150/5190.7 (AC). Minimum Standards tor Commercial Aeronautical Activities, lists factors to consider, including whether the activity would create a ha:?ard to normal operations and whether a drop zone can safely be established within the boundaries ofthe airport. The AC further states that ifa hazard would be present or created. the sponsor should seek assistance from Federal Aviation Administration. Flight Standards and Air Traffic, lo assess whctl1er safe airport operations would bejeopardized. The Airport Compliance Handbook (fAA Order 5190.6A. Section 4-8 b. Parachute Jumping) states that tl1e "airport owner is not required to permit this activity i!', in hisjudgment, it create.-; a**saf~1y bJ.z~:.:·d**  to norma: c.peraticm:-. <.)f aircrdft arriving or departing from the airport." It further states that "It may be appropriate to initiate an FAA airspace study to determine the reasonab-leness ofthe airport owner's restrictions," and states that "In all cases, the FAA win make the tinal detem1ination
...." To that end, we requested the Honolulu Flight Standards District Office (FSDO) perfom1 arisk assessment for conducting skydiving operations at Hana. In their r(!sponse, the FSDO stated. in pat1, "The Honolulu FSDO has detennined that parachute operations at this airport increases the safety risk ofoperations at this airport. Parachute activities to include free falling from high altitudes into an active tleld such as Hana, is in our opinion not conducive to safe airport operations." They further state, "Our conclusion is parachute operations in this aill)ort environment increases the safety risk factor, not ...just for parachute participants but for other operators using this airport as well during this type ofactivity.'' '''With all factors considered
... the Honolulu Flight Standards District Office would not accept this increased safety risk." Members ofthe local community have also expressed opposition to the proposal citing safety**concerns~** and the impact an airfield emergency would have on their ability to get prompt emergency response elsewhere in the community. Ifyou have any further questions. please contact Mr. Henry Bruckner, General Aviation Officer, at 1&08\ 838-8701. Sincerely. 

### { --' .-\**"~:;·.** 

### .- c:... ···--.4-

-. .f ROY K. SAKATA Airports Operations Officer·''" 1.11\!Cll! ..-0\ICANOrt

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.....**Q"llltl\'!lr~:~-:1~** Mlelo<-t. (> I'Q"'MII1**,lw.r•·~""UU.IItt•.co 11\!'ltl>l.liilll\1~;,..:** **AIR~H u~.onn** 

Mr Ptauk**Hiu~lww** Presidtnt SKYIIIVt; HAWAII 

### r.o. Bv• 75120 Honolulu,**ll<~waii** 96836-.0S·,l(}**PF.RMI~SIO;I,'** TO LAI<D**~PORT** PAI<ACHl:'l'liS lipnh! Alrpott, W111n11:11-Kr-ll'utl11 AlfJ)(_Ifl,**A~'rill5** & 1(1, ZOOS Tha11k YOI{ fur )'Vur**n:qu<,:~~** fl>r**pcruth~iun** to l::md sport parnchutel nr tlpnlu and Waitw:>t·K(.lbuln A1rpw1 ouApnll!'i &. 16.

I. Jwnp::.**~hAll** he made on!)' dllrln& 11nylig11t houn. l'll April 15 &**1~.** 2008. While ti'n"r-t: 1s uo dwp**l.Vrt~· l:lliL~blillllc-d** **fot_~r** t:P'Jiu, w1: ;&!:<k il!IL )'OIJ n:frain from l:mdmg on tht"- f\IIIV.·ay vr Lh..:**~.\tended** line: o(lh<t runwa)' iii!d**~' in~\(;UJ**  the ¥fiL"iliY alt!tl.'i 1m t;ther o:;ijll' nf 1h1.: nmway: nQnh C\nd sooth. :!, t-'ee:; for plrat"bUte-laMmg:; for**tta~** ennt**~halll"'Je** ...nivl!-rl, lm\H"\'C:!, kmdlng**f~t!<:.** fl'lr**mr~·rMt** $hilt apply l SkyDive Hawaii**~hall h<~vt·**  in f!Jl\'1..' a**t·umm~n:ial** j'enerallitlbihry**U1~lltall\:tC flnlk·~**  in lhe 3mo1u'11 ofone milliun Jollurs (.$ J.000,000) thea names the-**Srnt~** of**H~v.-1tii.** an :uJdl!iorrOJ.!**e-n~urt!d** pnny**Pmni~o$io.~** for lnnding itt**W<lh11~il·Kohnll\** is dttlkd f!llhis time tlur,: lv**~:.fc:ty** con.."ltrn-::_ We tr.r\: however**a5S<:S~ing:** the sttu:\tion for**sat~** •Jpportunitlt'S lan\ling sport PQ;rachutes in tht fuurr1: Should Yllll**h:tv\~** any**qm~:.n~m~** ur**~'mlt'(nlli r~-w1tdiug**  ltlis**m~Htt:r** you maY C.i\1\ me ilf U'IDH) ).27-9520. x. 122 or t-mail rnt·**<~lCb!untT\o.~!l@lhawf!ii_~pY**

('WY

## Federal Aviation Administration**~~======~======================~--** 

## Memorandum Date: March 16, 2009 To: George**Ai~** Manager, Safety and Sta11dards Branch, AWP-620 Copy: Tony Garcia, AWP-620.1 From: William L. Miller, Manager, Honolulu FSDO Prt.!pared by; Timothy Cislo/Jon Murakami Subject: Satety Dctcm1ination at Airports in llawaii- Hann and Dillingham

Tbis memorandum is written in response to your request for a safety .determinati{m regarding parachute operations at Hana and Dillingham.

The general consensus is that parachute activities cantake place in a safe**mann~** ifparticipants willingly adhere to the federal aviation regulations and accepted published practices. Hana operations were reviewed and therecommendations published on November 20, 2007 > Those recommendations were reviewed and are stiU valid today. Dillingham
The request for detennination specifically requested thatnight time parachuting at Dillingham be addressed. The State ofHawaii Department ofTransponation Oahu District Manager informed us that the US Anny prohibits night time parachuteoperations via the land lease & letter of extension.

### 26May2009

Mr. Ron V. Simpson ADO 

### Manager 

### HonoluluAixports District Office 

### federal 

## A viat!onAdministration P.O. Box 50244 Hom?lUlU, HI 

### 968:50-0001 LawOilices ROBEB.TkFELDMAN



### 8900SW 

## tO'J't**Avet~ue** 

### SviteJfJ3 

### M"ISJlli, Flonaa 

### JJJ.,76 Tekpbt)ue: 305•5!}84841**T~lecopie!;** 

### 305-598-4842 BoardCertified,4.v/atlo>t lall()W



### By U.S. Mail and Fax (808-541-3566) Re: Refusal ofHaoaAirportAuthorities to

### permitparachutejumpingactivities.atHNMAixpo11 DearMr. Simpson: I represent Skydive Hawaii in the above-referenced matter. Skydive Hawaii has requested authorizationto 

### conductskydivingoperations atandabove theHanaAirport, atHana,Maul, Hawaii (HNM). 

## !heairportmanagementpersonnel (HanaAirportOperations OfficerandStateofHawaiiDOT)have refuBedto permitthem to 

### conduct

### this aViation activity atthe aitport, eventhough suchactivityhas beensB.fely conductedthere inthepast, and even though asafety study

### was conducted

### bytheFAA, inNovember, 2007, which found 

### that skydive activities at 

### the airport could ''take place 

### in a safe 

### ml!llner, if

### partiCipants willingly adhere to the 

### federal aviation regulations and accepted published pxactices." The findings ofthat safety study were reiterated in an FAA Memorandum, dated 16 Ma{ch2009, whichstatedthatthe study and 

### itsrecomm.endations "werereViewedandare 

### stillvalid today." · SkydiveHawaiihas requestedthatthe Ha.naAirporttrumagementpersonnel engage 

### inmediationto 

### resolve thedisputed matter, buttheyhave refused to do so. As aresultoftheHanaAirportAuthorities' refusal topermitSkydive Hawaii

### to conduct skydiving activities at 

### the airport, 

### the allport 

### has failed to 

### comply with grant 

### assurances, specifically Grant 

### AsslU'ance 22, 

### EconomicNondiscrimination. Skydive**H~waii** 

### is directly and substantiallyaffected by

### the decision buause

### itcannot conduct 

### the desiredparachutejumping activities.

### Mr. Ron V. Simpson 26May2009 

### Page Two

As 

### a directly and substantially affected party, and in a further effort to achieve an infonnal resolution, pursuant

## to FAR Part !6.21, we

### hereby request 

### assistancefrom the HNL ADO to 

### assist in informal resolution of

## the matter so that the aviation use ofskydiving can be conducted at the HanaAirport. 

### To thatend, 

### wewould like to 

### setup an in-person meeting attheHNLADO with the responsiblepersonnelfrom HanaAirportandthepersonnel fonn SkydiveHawaii. I

### will also

### attend the meeting. · Please adviseme as to yourproceduresfur setting up 

### suohameetinginthenearfuture. Ifyouhave any questions, please contactme at lillY

### time. Thankyou in 

### advance for yoqr 

### assistance. Sincerely,



### RobertL. Feldman RLF/ljfof5 

## Fw: Reminder: Hana Skydiving - Informal Resolution Meeting Revised Date to 1017/09 @ 

## lOam

From: Frank Hinshaw (frankhinshaw@yahoo.com) Sent: Wed 12/28/111:32 PM To: rick.durden@hotmail.com (rick.durden@hotmail.com)

--- Forwarded Message ---- 

### From: "Steve.Wong@faa.gov" <Steve.Wong@faa.goV> To: roy.sakata@hawaii.gov; brian.sekiguchi@hawaii.gov; curtis.j.whaley@faa.gov; debbie.saito@faa.gov; Robert Feldman <feldmans48@hotmail.com>; Frank Hinshaw- SD Hawaii <frankhinshaw@yahoo.com>; henry.p.bruckner@hawaii.gov; marvin.a.moniz@hawaii.gov; moses.akana@faa.gov; naomi.tsuda@faa.gov; robert. rabideau@faa.gov; Ron.V.Simpson@faa.gov; Steven. Hicks@faa.gov; william. Lmiller@faa.gov; Anthony. Garcia@faa.gov Cc: CheryLTsutsuse@faa.gov Sent: Monday, October 5, 2009 1 0:40 AM Subject: Reminder: Hana Skydiving -Informal Resolution Meeting Revised Date to 10/7/09@ 10am 

### To All: Just a reminder for the upcoming meeting this 

### Wednesday at lOam, Interisland Terminal 7th flr., Conference Rm. C. Naomi, there is a bridgeline for you to call-in (808) 840-6065, 

### passcode 6035#. 

### We'll call-in from ourroom too. Thank 

### you. Steven Wong Program Manager FAA, Honolulu Airports District Office (808) 541-1225



### roy.sakata@hawaii .gov To 08113/2009 08:36 

### AM 

### Steve Wong!AWP/FAA@FAA cc t··· · 

### ··.,Curtis J Whaley/ AWP/FAA@FAA, Debbie Saito/ A

WP

### IFAA@FAA, Robert Feldman >,Frank 

### Hinshaw- SD Hawaii

119/2012 2:51PMof5 

### ALL: Akana/A WP/FAA@FAA, Naomi Tsuda/AWP/FAA@FAA, Robert Rabideau/A WP/FAA@FAA, Ron V Simpson/A WP

### IF AA@FAA, Steven Hicks!AWP/FAA@FAA, WilliamL Miller/ A

WPIFAA@FAA Subject Re: Hana Skydiving- Informal Resolution MeetingRevised Date to 10/7/09

DOT-A has reserved Conference Room #Catthe Inter-Island Terminal 7th FloorDOT-Airports Division offices for thls meeting from 1000-1200 on October 7, 2009. Roy K. 

### Sakata Airports Operations Officer (808) 838-8607

Confidentiality Notice: This e-mail message, including any attaclunents, is for the sole use ofthe intended recipient(s) and may contain confidential and/orprivilegedinformation. Any review, use, disclosure, or distnbution by unintended recipients is prohibited. If

### you are not the intendedrecipient, please contact the senderby reply e-mail and destroy all copies ofthe original message.

v 

### 08/10/2009 10:25 AM 

### To Robert Feldman

,,. '·'··'Frank Hinshaw

1/9/2012 2:51PM

### HANA AIRPORT OPERATING RULES FOR SKYDIVING OPERATIONS Sport parachuting (skydiving) operations at Hana Airport must meet or exceed the Basic Safety Requirements (BSR) of the United States Parachute Association (USPA), comply with all pertinent Federal Aviation regulations (FARs) and Advisory Circulars (AC) governing parachute operations and operations into non-towered airports, to include 14 CFR Part 61, 91, and 105. In addition, all skydiving operations and companies must conform to the following operating rules to integrate safely with other aeronautical operations. The parachute drop zone at Hana is small and is also a designated transient helicopter parking area. Strict compliance with these operating rules is essential for the safety of all airport users. Failure to do so may result in that company or individual(s) being denied approval to conduct skydiving operations at Hana Airport
. • 1. Skydiving operations will be limited to tandem skydives only. D-level tandem instructors may make training jumps to familiarize themselves with local conditions and procedures. 2. No skydiving operations will be conducted when one or more helicopters is arriving, departing or operating in the vicinity of or parked on the drop zone. Because of the drop zone's proximity to the runway and taxiways, no skydiving operations will be conducted when any other aircraft are in the airport traffic pattern, taking off, landing, or taxiing. No parachutist may exit the jump aircraft when an aircraft inbound to HNM is reported within 10 nm ofthe airport. 3. No skydiving operations will be conducted at times that coincide or conflict with scheduled air carrier operations at the airport. It will be the skydive operato(s responsibility to deconflict with any scheduled operations. 4. No persons will be allowed on the runway, taxiways or within the runway safety area. 5. All skydivers/parachutists will be escorted bY air or ground crew members at all times using extreme caution while transiting to and !rom the drop zone, aircraft, terminal and parking lot and will not be permitted to linger while crossing the ramp. All persons will remain clear of the rarnp if any aircraft on the ramp is in motion, or has an engine running. 6. The skydiving company or companies will have a suitably trained responsible party on the ground equipped with a working two-way VHF air-band radio to provide safety and advisory information to skydive aircraft regarding any situation which might pose a hazard to parachutists or other aircraft during skydive operations. 7. No equipment, markers or debris will be left onthe drop zone or in any area of the airport not specifically assigned to the skydive operator(s) through lease, rental agreement or written permission of the Airport Manger. 8. The skydive company must obtain a designated aircraft parking space from the Airport Manager. Use of transient aircraft parking spaces lor loading/unloading drop aircraft must be approved by the Airport Manager. Skydive aircraft will not use therunway, ramp area fronting the terminal nor any taxiway for loading/unloading or parking. 9. In addition to the radio communications required by 14 CFR Part 105.13 (1 ),(2), "jumpers away" calls must also be made on the airport Common Traffic Advisory Frequency (CTAF) 122.9 MHz and the Island Traffic Advisory Frequency (ITAF) for Maul, 120.65 MHz. Both CTAF and ITAF frequencies must be monitored to listen for low altitude area traffic not visible to ATC. 10. Skydive operators will hold semiannual meetings with other airport users/operators and airport management to discuss procedures, issues and concerns of mutual interest. These meetings may be conducted more frequently if necessary, and will be coordinated with the Maui Airports District Manager.JU:N\l:'S \NCI. \\1\'liOc\ CON;;l.T!JNC, I".( Richard

## J Durden



### Chauncey Wong Yuen Upolu Airport Manager Attorney at Law 27987 Richmond Hill Road Conifer, Colorado 80433 616/901-6516 \V\V\V.rick.durden@hotmail.com December 15, 2011



### 73-200 Kupipi St, Kona Int'l Airport at Keahole Kailua-kona, HI 65740-2645 Re: Skydiving Access to Upolu Airport DearMr. Wong Yuen: I represent Mr. Frank Hinshaw and Skydive Hawaii. Mr. Hinshaw andjumpers with Skydive Hawaii have, in the past, made parachute landings in the grass onthe mountain side of the runway at Upolu Airport. He has requested that you approve commercial skydiving operations onto a Upolu Airport but, to date, has not received the courtesy ofa reply. This is to again request that a Parachute Landing Area on Upolu Airport be designated in the area previously used for landings and that he be given approval as a commercial skydiving operator on Upolu Airport. Your delay thus far in responding to Mr. Hinshaw's request may be considered a denial under the terms ofthe Federal Grant Agreements you signed to receive federal monies for the Upolu Airport. Such a denial, without appropriate cause, may be grounds for loss offuture federal funding for the Airport. I look forward to receiving your approval ofMr. Hinshaw's request before January 5, 2012 so that the boundaries ofthe PLA may be established and he can begin operations without further delay.