RUSSELL A. SUZUKI 

Attorney General of Hawaii 

#2084 

GLENN I. KIMURA 

Deputy Attorneys General 

Department of the Attorney 

#2034 

General, State of Hawaii 

465 S. King Street, Room 300 

Honolulu, Hawaii 96813 

Telephone: (808) 587-2997 

Email: glenn.i.kimura@hawaii.gov 

Attorney for Respondent 

BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

FRANK HINSHAW, SKYDIVING 

SCHOOL, INC., d/b/a SKYDIVE HAWAII 

and ISLAND SKYDIVING, L.L.C. 

Complainant, 

vs. 

STATE OF HAWAII, 

Respondent. 

FAA DOCKET NO. 16-12-04 

STATE OF HAWAII'S RESPONSE TO 

REQUEST FOR ADDITIONAL 

INFORMATION; CERTIFICATE OF 

SERVICE 

STATE OF HAWAII'S RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION 

Respondent STATE OF HAWAII (hereinafter "State"), by and through its attorneys, 

Russell A. Suzuki, Attorney General, and Glenn I. Kimura, Deputy Attorney General, hereby 

responds to the Director's Request for Additional Information in the above-captioned matter. 

Specifically, Respondent State is requested to respond to the following information: 

1. Describe the Respondent's reason(s) and rationale for proposing to require parachute 

operators seeking to jump on Hana Airport to communicate on CTAF in addition to 

the relevant air traffic control communications required under 14 DFR Part 105. 

Provide a detailed justification for the proposed communication requirement. 

hinshaw response to req for additional info.DOC 
Respondent State responds as follows: 

Hana Airport is a non-towered airport on the northeast coast of the island ofMaui. It 

serves a mix of General Aviation of commercial scheduled and unscheduled air service. A 

significant number of air tour aircraft transition over or near the airport in addition to those that 

operate into and out of the airport. Terrain significantly limits radar and radio coverage in the 

vicinity of the airport. A TC has no radar coverage in the Hana area below an altitude of 

approximately 8,000 feet. ATC also has poor radio communications with aircraft below 10,000 

feet in the Hana area. The majority ofHana area air traffic operates below radar with no ability 

to communicate with ATC facilities by radio. The Aeronautical Infom1ation Manual (AIM), 

Chapter 4-1-9, paragraph a 1 states, "To achieve the greatest degree of safety it is essential that 

all radio-equipped aircraft transmit/receive on a common frequency identified for the purpose of 

airport advisories." Further, "Pilots of aircraft conducting other than arriving or departing 

operations at altitudes normally used by arriving and departing aircraft should 

monitor/communicate on the appropriate frequency while within 10 miles of the airport unless 

required to do otherwise by the CFRs or local procedures. Such operations include parachute 

jumping/dropping, en route, practicing maneuvers, etc." (4-1-9, c 2) 

Virtually all Hana area traffic makes use of the Common Traffic Advisory Frequency 

(CTAF) on 122.9 MHz to announce position, altitude and intentions. Most of these aircraft also 

monitor and broadcast on the published Interisland Traffic Advisory Frequency (IT AF) 

established for that area on 120.65 MHz, until switching to the CTAF in the vicinity of the 

airport. Unless a jump aircraft broadcasts on the CTAF, Hana area traffic would be unaware of 

an impending jump or one in progress, jeopardizing the safety of aircraft and jumpers alike. Nor 

would ATC be able to provide potential conflicting traffic infonnation to the jump aircraft. This 

hinshaw response to req for additional info.DOC 2 
combination raises the very real possibility of a conflict with catastrophic consequences, 

especially in light of the rapidly changing weather conditions prevalent in the Hana area. 

DATED: Honolulu, Hawaii, February 27, 2015. 

hinshaw response to req for additional info.DOC 3 

GLENN I. KIMURA 

Deputy Attorney General 

Attorney for Respondent 

State ofHawaii 
BEFORE THE 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

FRANK HINSHAW, SKYDIVING 

SCHOOL, INC., d/b/a SKYDIVE HAW All 

and ISLAND SKYDIVING, L.L.C. 

CERTIFICATE OF SERVICE 

Complainant, 

vs. 

STATE OF HAWAII, 

Res ondent. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on February 27, 2015, a true copy of the foregoing document 

was served on the following: 

RICHARD J. DURDEN, ESQ. 

Richard J. Durden, Attorney at Law 

27987 Richmond Hill Road 

Conifer, CO 80433 

Attorney for Complainant 

FAA Part 16 Airpmi Proceedings Docket 

AGC-610, Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Email: 9-AWA-AGC-Part-16@faa.gov 

DATED: Honolulu, Hawaii, February 27, 2015. 

Via U.S. Mail 

Via Electronic Mail 

GLENN I. KIMURA 

Deputy Attorney General 

hinshaw response to req for additional info.DOC 

Attorney for Respondent 

State of Hawaii