U.S. Department ofTransportation Federal Aviation Administration



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

Pleasebe advisedthat the complaint by Mr. Richard

### J. Durden, Esq., as counsel for Frank· Hinshaw, Skydiving School, Inc. d/b/a Skydive Hawaii and Island Skydiving, LLC ("Complainant") against the State ofHawaii ("Respondent") filed underthe Rules ofPractice for Federally Assisted Airport Enforcement Proceedings, Title 14, Part 16 ofthe Code of Federal Regulations ("14 CFR Part 16"), has been docketed by the FAA Office ofthe Chief Counsel, as DocketNo. 16-12-04 on March 9, 2012. The Respondentis required to file an answer to the complaint within 20 days ofthe date of service ofthis notice. See 14 CFR §16.23(d). The answer shall deny or admit the allegations made in the complaint, and shall assert any affirmative defense. The answermay include a motionto dismiss the complaint or anyportionthereof, with a supporting memorandum of points and authorities. See 14 CFR § 16.23(h) and 

### (j). · The Complainant may file a reply within 10 days ofthe date ofservice ofthe answer. The Respondent may file a rebuttal within 10 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 documentationupon 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). All documents-filed withthe FAA inthis proceeding shall be served (and include a certificate ofservice) by the persons filing them on all parties to the proceeding, and on the FAA at the FAA Part 16 Airport Proceedl.ngs Docket, AGC-610, Federal Aviation Administration, 800 Independence Avenue, SW, Washington, DC, 20591. See 14 CFR §§ 16.13 and 16.15

.. Unless otherwise specified, an executed original andtbre·e 

### (3) copies ofeach and every document shall be filed withthe FAA Part 16 Airport Proceedings Docket. See 14 CFR § 16.13(c). Electronic filing ofPart 16 documents is not currentlypermitted byregulation;.however, the FAA is now in theprocess ofdeveloping an internal electronic docketing systemthat would permitparties to file documents in Part 16 actions. As an exceptionto the paragraph above, the parties named in this case may electto file the remaining pleadings (answer, reply, rebuttal, and motions) electronically underthe following guidelines:

• Parties may send e-mail containing their pleadings as an attachment. The attachment(s) shall be Adobe PDF file(s). E-mail filings shall be sentto the FAA Docket Clerk at 9-A WA-AGC-Part-16@faa.gov and the opposing party (only if

### the opposing party has agreed to participate in electronic filing, otherwise service mustbe made pursuantto 14 CFR 

### §16.15.) The FAA 

### will notprovide any acknowledgement orreceipt to parties filing eh:ictronically.

• The size ofthe email may not exceed 4MB.

• A party filing electronically must provide the FAA Docket Clerk and the opposing party an e-mail address designating its representative to receive electronic pleadings and documents by e-mail.

• A party availing itselfto filing electronically as described in this document 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-inail. In regard to computation of time, the date ofthe e-mail is not included in the computation oftime underthis part

..See 14 CFR § 16.17(a). Parties will start the count as ofthe day following the date the e-mail was sent. 1 

### The Department ofTransportation (DOT) uses the government-wide Federal Docket Management System (FDMS) at http://www.regulations.gov. Accordingly, iffi1ing paper documents withthe FAA, please ensure that at least one ofthe required copies is 

### unbound and 

### withouttabs. Exhibitnumbers in unbound copies should be noted on the first page ofeach exhibit orin dividerpages. The FAA will forward all electronic submissions (like the paper submissions)to FDMS for public viewing.

E en Erichsen

. Attorney, Airports Law Branch, AGC-610

Office ofthe ChiefCounsel ·

1 Please note, this paragraph only exempts the parties from the filing requirements under 14 CPR§§ 16.13 (a), (b), and (c}. Ifa party subsequently decides to "opt-out" ofelectronic filing, it must notifY the FAA Docket Clerk and opposing party in writing. The electronic filing method may be used in lieu ofor in addition to the existing requirements set forth in Part 16. Ifduring the pendency ofthis proceeding, electronic service is discontinued, the FAA Office ofChiefCounsel will advise the parties in writing. ·

### CERTIFICATE OF SERVICE


### I HEREBY CERTIFYthat on March 

# 1 ,2012, I caused to beplaced 

### in the United States Mail (first class mail, postage paid) orpersonally delivered a true copy ofthe foregoing NOTICE 

### OF DOCKETING 

### addressed to: Richard 

### J. Durden, Esq. Richard 

### J. Durden, Attorney at Law 27987 Richmond Hill Rd Conifer, Colorado 80433 Attorney for Complainant
Administrator Department ofTransportation, Airports Division 400 Rogers Blvd, 

## ih Floor

. Honolulu, Hawaii 96819 Respondent

FAAPart 16 Airport Proceedings Docket (AGC-610)

aron Long Airports & Environmental La Division FAA Office ofthe ChiefCo sel