RUSSELL A. SUZUKI Attorney General ofHawaii #2084
GLENN I. KIMURA Deputy Attorneys General Department ofthe Attorney #2034 General, State ofHawaii 465 S. King Street, Room 300 Honolulu, Hawaii 96813 Telephone: (808) 587-2997 Email: glenn.i.kimura@hawaii.gov Attorneyfor Respondent BEFORETHE FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. FRANKHINSHAW, SKYDIVING SCHOOL, INC., d/b/a SKYDIVE HAWAII and ISLAND SKYDIVING, L.L.C. Complainant,
vs. STATE OF HAWAII, Respondent. FAADOCKET NO. 16-12-04 STATE OF HAWAII'S RESPONSE TO REQUESTFORADDITIONAL INFORMATION; CERTIFICATE OF SERVICE

STATE OF HAWAII'S RESPONSE TO REQUEST FORADDITIONAL 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'sRequest for Additional Information in the above-captionedmatter. Specifically, Respondent State is requested to respondto the following information: 1. Describe the Respondent's reason(s) and rationale for proposing to requireparachute operators seeking tojump on HanaAirport to communicate on CTAF in addition to the relevant airtraffic control communications requiredunder 14 DFRPart 105. Provide a detailedjustification for the proposed communication requirement.

hinshaw response to req for additional info.DOCRespondent State responds as follows: HanaAirport is a non-towered airport on the northeast coast ofthe island ofMaui. It
serves a mix ofGeneral Aviation ofcommercial scheduled and unscheduled air service. A significant number ofair tour aircraft transition over ornearthe airport in addition to those that operate into and out ofthe airport. Terrain significantly limits radar and radio coverage in the vicinity ofthe airport. ATC has no radar coverage in the Hana areabelow an altitude of approximately 8,000 feet. ATC also has poorradio communications with aircraftbelow 10,000 feet in the Hana area. The majority ofHana area air traffic operates belowradar with no ability to communicate with ATC facilities by radio. The Aeronautical Infom1ation Manual (AIM), Chapter4-1-9, paragraph a 1 states, "To achieve the greatest degree ofsafety it is essential that all radio-equipped aircraft transmit/receive on a common frequency identified for the purpose of airport advisories." Further, "Pilots ofaircraft 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 ofthe 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 ofthe Common Traffic AdvisoryFrequency (CTAF) on 122.9 MHzto announceposition, altitude and intentions. Most ofthese aircraft also monitor andbroadcast on the published Interisland Traffic Advisory Frequency (ITAF) established for that area on 120.65 MHz, until switching to the CTAF in the vicinity ofthe airport. Unless ajump aircraft broadcasts on the CTAF, Hana area traffic would be unaware of
an impendingjump orone in progress,jeopardizingthe safety ofaircraft andjumpers alike. Nor would ATC be able to provide potential conflicting traffic infonnation to thejump aircraft. This

hinshaw response to req for additional info.DOC 2

### combination raises the very real possibility ofa conflict with catastrophic consequences, especially in light ofthe 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 ofHawaiiBEFORE THE FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C. FRANKHINSHAW, SKYDIVING SCHOOL, INC., d/b/a SKYDIVE HAWAll 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 ofthe 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 ofHawaii